Texas Commission on Environmental Quality Page 1

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

The Texas Commission on Environmental Quality (TCEQ, agency, commission) proposes 

amendments to §§101.1, 101.10, 101.27, and 101.201.

If adopted, the commission will submit §§101.1, 101.10, and 101.201 to the United States 

Environmental Protection Agency (EPA) as revisions to the state implementation plan 

(SIP).

Background and Summary of the Factual Basis for the Proposed Rules

In Massachusetts v. EPA (549 U.S. 497 (2007)) the Supreme Court of the United States 

ruled that greenhouse gases (GHGs) fit within the Federal Clean Air Act (FCAA or Act) 

definition of air pollutant. This ruling gave EPA the authority to regulate GHGs from new 

motor vehicles and engines if EPA made a finding under FCAA, §202(a) that six key GHGs

taken in combination endanger both public health and welfare, and that combined 

emissions of GHGs from new motor vehicles and engines contribute to pollution that 

endangers public health and welfare. EPA issued its "Endangerment Finding" for GHGs 0n 

December 15, 2009, (Endangerment and Cause or Contribute Findings for Greenhouse 

Gases Under Section 202(a) of the Clean Air Act, Final Rule, as published in the December 

15, 2009, issue of the Federal Register (74 FR 66496)). Based on the Endangerment 

Finding, EPA subsequently adopted new emissions standards for motor vehicles (the 

"Tailpipe Rule" as published in the May 7, 2010, issue of the Federal Register (75 FR 

25324)). The rule established standards for light-duty motor vehicles to improve fuel 
Texas Commission on Environmental Quality Page 2

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

economy thereby reducing emissions of GHGs. The standards were effective January 2, 

2011. EPA also reconsidered its interpretation of the timing of applicability of Prevention 

of Significant Deterioration (PSD) under the FCAA (the "Timing Rule" as published in the 

April 2, 2010, issue of the Federal Register (75 FR 17004)). EPA's interpretation of the 

FCAA is that PSD requirements for stationary sources of GHGs take effect when the first 

national rule subjects GHGs to regulation under the Act. EPA determined that once GHGs 

were actually being controlled under any part of the Act they were subject to regulation 

under the PSD program. Specifically, EPA took the position that beginning on January 2, 

2011, GHG control requirements would be required under the PSD and Title V permitting 

programs because national standards for GHGs under the Tailpipe Rule were effective on 

January 2, 2011. 

EPA's regulation of GHGs under the FCAA presented substantial difficulties for the EPA 

and states, particularly with regard to the PSD program. For instance, the most common of 

the GHGs, carbon dioxide (CO2), is emitted in quantities that dwarf the Act's major source 

thresholds for program applicability. As a result, under EPA's Timing Rule, PSD 

requirements could have expanded from approximately 500 issued permits annually to 

more than 81,000 nationwide, as published in the June 3, 2010, issue of the Federal 

Register (75 FR 31514, 31537 and 31538). To avoid this result, EPA excluded much of this 

new construction activity from the PSD program by altering the Act's statutory emission 

rate applicability thresholds for GHGs. This "Tailoring Rule," as published in the June 3, 
Texas Commission on Environmental Quality Page 3

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

2010, issue of the Federal Register (75 FR 31514) newly defined the statutory term "subject 

to regulation" and established higher GHGs emission thresholds for applicability of PSD 

and Title V permitting than specified in the FCAA. The Tailoring Rule also phased in 

permitting requirements in a multi-stepped process.

Before the Massachusetts decision in 2007, EPA took the position that GHGs are not 

regulated under the FCAA, and GHGs unquestionably were not regulated when EPA 

approved Texas' SIP in 1992. Texas has had an approved SIP since 1972, as published in 

the May 31, 1972, issue of the Federal Register (37 FR 10842). In 1983, Texas was 

delegated authority to implement the PSD program, as published in the February 9, 1983, 

issue of the Federal Register (48 FR 6023). Following this delegation, Texas submitted 

several SIP revisions to enable it to administer the PSD program (collectively the "PSD SIP 

submission"). EPA approved Texas' PSD SIP in 1992, granting the state full authority to 

implement the PSD program, as published in the June 24, 1992, issue of the Federal 

Register (57 FR 28093).

The Texas PSD SIP submission and approval proceedings produced a well-developed 

record on how Texas would address the applicability of newly regulated pollutants under 

the PSD program. During the SIP submission process, Texas consistently explained to EPA 

that the PSD provisions in the SIP are not prospective rulemaking, and do not incorporate 

future EPA interpretations of the Act or its regulations. 
Texas Commission on Environmental Quality Page 4

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

EPA's GHGs regulations created practical difficulties about how EPA could apply its 

Tailoring Rule in states with approved SIPs. In August 2010, Texas advised EPA that it 

could not retroactively reinterpret its SIP to cover GHGs, which were not regulated at the 

time Texas' SIP was approved in 1992 and were, in fact, a composite pollutant defined for 

the first time in the Tailoring Rule. Texas also explained that the PSD program only 

encompassed National Ambient Air Quality Standard (NAAQS) pollutants, but confirmed 

as a regulatory matter that the approved PSD program encompasses all federally regulated 

new source review (NSR) pollutants, including any pollutant that otherwise is subject to 

regulation under the FCAA, as stated in §116.12(14)(D).

Following promulgation of the Tailoring Rule, EPA issued a proposed "Finding of 

Substantial Inadequacy and SIP Call," as published in the September 2, 2010, issue of the 

Federal Register (75 FR 53892). This action proposed finding the SIPs of 13 states, 

including Texas', "substantially inadequate" because these SIPs did not apply PSD 

requirements to GHGs-emitting sources. EPA proposed to require these states (through

their SIP-approved PSD programs) to regulate GHGs as defined in the Tailoring Rule. EPA 

also proposed a Federal Implementation Plan (FIP) that would apply specifically to states 

that did not or could not agree to reinterpret their SIPs to impose the Tailoring Rule and 

did not meet SIP submission deadlines. EPA finalized its GHG SIP Call in the December 

12, 2010, issue of the Federal Register (75 FR 77698) and required Texas to submit 
Texas Commission on Environmental Quality Page 5

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

revisions to its SIP by December 1, 2011.

EPA published an interim final rule partially disapproving Texas' SIP; imposing the GHGs 

FIP effective as of its date of publication, as published in the December 30, 2010, issue of 

the Federal Register (75 FR 82430). EPA stated that FCAA, §110(k)(6) authorized it to 

change its previous approval of Texas' PSD SIP into a partial approval and partial 

disapproval. EPA's basis was that it had erroneously approved Texas' PSD SIP submission 

because the SIP did not appropriately address the applicability of newly-regulated 

pollutants to the PSD program in the future. EPA further stated that its action was 

independent of the GHG SIP Call because that action was aimed at a narrower issue of 

applicability to GHGs, whereas its decision retroactively disapproving Texas' PSD SIP 

submission was addressed to Texas' purported failure to address, or assure the legal 

authority for, application of PSD to all pollutants newly subject to regulation. EPA 

published the final rule retroactively disapproving Texas' PSD SIP in part and 

promulgating the FIP as published in the May 3, 2011, issue of the Federal Register (76 FR 

25178).

The effect of EPA's FIP is that major source preconstruction permitting authority is divided 

between two authorities - EPA for GHGs and the state of Texas for all other pollutants.

Currently, major construction projects and expansions in Texas that require PSD permits 

must file applications with both EPA Region 6 (for GHGs) and TCEQ (for all non-GHG 
Texas Commission on Environmental Quality Page 6

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

pollutants).

Although Texas has an EPA-approved Title V operating permit program, it currently lacks 

the approval to permit sources that are major sources subject to Title V as a result of their 

emissions of GHGs. In EPA's "Action to Ensure Authority to Implement Title V Permitting 

Programs Under the Greenhouse Gas Tailoring Rule," as published in the December, 30, 

2010, issue of the Federal Register (75 FR 82254), EPA stated in footnote 8 that in this 

situation, there is no obligation for these major GHG sources to apply for a Title V permit 

until such time as the state amends its rules to make the permit program applicable to 

them.

House Bill (HB) 788, 83rd Legislature, 2013 added new Texas Health and Safety Code 

(THSC), §382.05102. The new section grants TCEQ authority to authorize emissions of 

GHGs consistent with THSC, §382.051, to the extent required under federal law. THSC, 

§382.05102 directs the commission to adopt implementing rules, including a procedure to 

transition GHG PSD applications currently under EPA review to the TCEQ. Upon 

adoption, the rules must be submitted to EPA for review and approval into the Texas SIP.

THSC, §382.05102 excludes permitting processes for GHGs from the contested case 

hearing procedures in THSC, Chapter 382; Texas Water Code, Chapter 5; and Texas 

Government Code, Chapter 2001. THSC, §382.05102 also requires that the commission 

repeal the rules adopted under this authority and submit a SIP revision to EPA, if (at a 
Texas Commission on Environmental Quality Page 7

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

future date) emissions of GHGs are no longer required to be authorized under federal law.

The commission is initiating this rulemaking to fulfill the directive from the legislature.

The legislature found that "in the interest of the continued vitality and economic prosperity 

of the state, the Texas Commission on Environmental Quality, because of its technical 

expertise and experience in processing air quality permit applications, is the preferred 

authority for emissions of {GHGs}."

Texas has challenged in federal court EPA's GHG regulations as well as EPA's SIP Call and

FIP. Implementation of HB 788 through this rulemaking is not adverse to Texas' claims in 

its ongoing challenges to EPA's actions regarding GHGs generally or relating to the SIP.

The commission's action to conduct rulemaking for submittal and approval by EPA is 

consistent with Texas' position that state law does not give EPA the authority to 

automatically change state regulations.

Concurrently with this proposal, the commission is proposing new and amended rules to 

30 TAC Chapters 39 (Public Notice), 55 (Requests for Reconsideration and Contested Case 

Hearings; Public Comment), 106 (Permits by Rule), 116 (Control of Air Pollution by 

Permits for New Construction or Modification), and 122 (Federal Operating Permits 

Program) to implement HB 788. Except where specifically noted, all proposed changes to 

Chapters 39, 55, 101, 106, 116, and 122 are necessary to achieve the goal of implementation 
Texas Commission on Environmental Quality Page 8

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

of HB 788, obtaining SIP approval of certain rules, and the lifting of the FIP.

Implementation of HB 788

THSC, §382.0215 provides that the commission require the owner or operator of a 

regulated entity that experiences emissions events to maintain a record of all emissions 

events at the regulated entity in the manner and for the periods prescribed by commission 

rule. However, not all emissions events, consisting of emissions from upset events and 

unscheduled maintenance, startup and shutdown (MSS) activities, are required to be 

reported under §101.2o1. THSC, §382.0215 also authorizes the commission to establish the

reportable quantities (RQs) of air contaminants associated with emissions events and 

requires the owner or operator of a regulated entity to notify the commission for each 

emissions event that meets or exceeds an RQ. The reporting provides useful information to 

evaluate the event for protection of air quality. In 1997 and 1999, the commission adopted 

RQs and updated its rules to clarify when and how emissions must be recorded and 

reported, considering reporting requirements found in other state and federal regulations, 

enhancement of compliance, and utilization of TCEQ resources. The commission uses the 

reports to determine compliance with the rule and claims of affirmative defense, determine 

excessive emissions events, organize potential monitoring of long duration events, provide 

technical assistance to emergency personnel, and inform the public. The records are also 

used to evaluate trends and provide an enforcement perspective. More information can be 

found in the rulemaking that first adopted the RQs in the July 29, 1997, issue of the Texas 
Texas Commission on Environmental Quality Page 9

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

Register (22 TexReg 7040), and also for amendments to the rule in the December 17, 1999,

issue of the Texas Register (24 TexReg 11494).

The RQ establishes what should be reported as soon as practicable within the 24-hour 

timeframe provided in THSC, §382.0215. The RQs are not intended to represent a 

judgment as to the specific degree of hazard associated with certain releases, but rather 

function as a mechanism by which the regulated community will know when to notify the 

commission of unauthorized emissions. When the RQs were first established, the

recordkeeping requirements replaced the requirement to report events that do not meet an 

RQ.

The commission is proposing that there will be no RQ for CO2, nitrous oxide (N2O), 

methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), or sulfur 

hexafluoride (SF6), individually or collectively, except for the HFCs that are listed 

specifically in the definition of RQ. The proposed amendments would also exempt 

reporting of these six air contaminant compounds as part of a mixture with other air 

contaminant compounds. Further, any emissions of CO2, N2O, CH4, HFCs, PFCs, or SF6, 

individually or collectively, are not required to be submitted as part of the final record 

described in §101.201(c), except for the HFCs that are listed specifically in the definition of 

RQ. With regard to GHGs, the commission has found no basis for receiving any reports of 

excess emissions due to emissions events and therefore proposes to exempt these from 
Texas Commission on Environmental Quality Page 10

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

reporting under §101.201. A source which has emissions exceeding PSD GHG permit 

limits would be subject to recordkeeping for the unauthorized emissions of GHGs and 

other pollutants. If an RQ was exceeded, reporting under §101.201 is required for 

pollutants other than GHGs (except the HFCs specifically listed). All unauthorized 

emissions would also be considered Title V deviations and would be required to be 

included in semi-annual reporting required in Chapter 122.

Unauthorized emissions are defined as exceeding a permit limit, rule, or order of the 

commission. A source that is not required to have a PSD GHG permit does not have a limit 

for which unauthorized emissions can be evaluated and therefore will not, by definition, 

have an emissions event of GHGs. Consequently, there is no recordkeeping requirement 

for unauthorized emissions of GHGs for a source that is not required to have a PSD GHG 

permit. However, recordkeeping of unauthorized emissions of other pollutants remains a 

requirement, and reporting under §101.201 may be required.

The commission is also proposing to repeal CO2 and CH4 from the definition of 

"Unauthorized emissions". By removing the terms, these two GHGs will no longer be 

exempted from the definition of unauthorized emissions. Because no GHGs will be listed in 

the exception, all GHGs would be considered as unauthorized emissions if they exceed any 

air emission limitation in a permit, rule, or order of the commission or as authorized by 

Texas Clean Air Act (TCAA), THSC, §382.0518(g).
Texas Commission on Environmental Quality Page 11

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

§101.10, Emissions Inventory Requirements

Implementation of HB 788 also necessitates the amendment of §101.10. Owners and 

operators of accounts that are currently required to submit an annual emissions inventory 

include any source that meets the definition of a major facility or major stationary source 

as defined in §116.12, or a source that emits or has the potential to emit 100 tons per year 

(tpy) of a contaminant. Under these requirements, a small source emitting 100 tpy of 

GHGs would be required to submit an annual emissions inventory. It is not the 

commission's intent to require these small-emitting sources to submit emissions 

inventories because this additional data would not contribute substantially to the 

inventory, and the commission could not administratively process the additional number 

of inventories received. Therefore, an exception to this 100 tpy reporting threshold is 

proposed for §101.10(a)(3) for emissions of GHGs. Only major sources required to obtain a 

PSD permit (at the thresholds proposed in new §116.164) would be required to submit an 

inventory.

Under the proposed revisions, owners and operators of accounts that include sources that 

are required to obtain a PSD permit for GHGs would be required to submit an initial 

emissions inventory and annual emissions inventory update required under subsection (b).

At this time, the commission does not propose requiring the reporting of emissions of 

GHGs from any source required to submit an emissions inventory per §101.10 unless 
Texas Commission on Environmental Quality Page 12

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

otherwise required through future rulemaking or specifically requested under the authority 

of §101.10(b)(3), special inventories as part of any future analysis to assess additional 

emissions fees to fun HB 788. Owners and operators that are required to submit an annual 

emissions inventory are required to report emissions of all pollutants listed in 

§101.10(b)(1). GHGs are not included in §101.10(b)(1).

§101.27, Emissions Fees

Implementation of HB 788 also necessitates the amendment of §101.27. Emissions fees are 

collected each fiscal year from regulated entities subject to federal operating permits under 

Chapter 122 (Federal Operating Permits Program, commonly referred to as Title V 

permitting). The fees are based on actual or authorized emissions of all regulated 

pollutants emitted from these sites including emissions of criteria pollutants, hazardous air 

pollutants, and other regulated emissions up to a cap of 4,000 tons per pollutant.

The emissions fee rule allows the rate to be adjusted annually in a range of $25 to $45 

dollars per ton. This flexibility allows the agency to collect revenue necessary to fully fund 

the Title V program. The base rate is currently set at $25 per ton which resulted in an 

adjusted rate of $47.49 per ton for fiscal year 2014.

The proposed amendment to §101.27 excludes the GHGs defined in proposed amendment 

to §101.1 from fee collection requirements. However, sources that are required to obtain a 
Texas Commission on Environmental Quality Page 13

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

Title V permit because of emissions of GHGs would be required to pay emissions fees on 

non-GHG pollutants. Owners or operators of these sources will pay fees on emissions of 

any pollutant subject to FCAA, §111; any pollutant listed as a hazardous air pollutant under 

FCAA, §112; each pollutant that a national primary ambient air quality standard has been 

promulgated (including carbon monoxide); and any other air pollutant subject to 

requirements under commission rules, regulations, permits, orders of the commission, or 

court orders. For purposes of §101.27 only, the term "regulated pollutant" does not include 

the individual GHGs as listed in the definition §101.1; thus excluding the GHGs from the 

emissions fee. The current and projected fees are anticipated to cover the cost of the 

program in the near term.

Proposed New Reportable Quantity for Fire Protection Fluid

In addition to the changes in Chapter 101 to implement HB 788, the commission is 

proposing to add a new RQ for 3-Pentanone, 1,1,1,2,2,4,5,5,5-nonafluoro-4-

(trifluoromethyl)-, CAS No. 756-13-8 (hereafter C6 fluoroketone) in §101.1. On May 22, 

2013, the commission approved a rulemaking petition from 3M Company filed on April 1, 

2013 (Docket Number 2013-0700-RUL), requesting that its fire protection fluid be listed in

§101.1(88), to establish an RQ of 5,000 pounds instead of the default RQ of 100 pounds.

The chemical is sold as 3MTM NovecTM 1230 Fire Protection Fluid. According to the 

petition, the fluid is "used to extinguish fires in high valued assets" that cannot be 

protected with water.
Texas Commission on Environmental Quality Page 14

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

The proposed new RQ would increase the reporting threshold for C6 fluoroketone. In 

considering reportable quantities, the TCEQ considers toxicological effects, photochemical 

reactivity for producing ozone, and its intent of limiting emissions events reports to the 

most significant events. C6 fluoroketone is neither a criteria pollutant nor a precursor of 

ozone, and therefore the 100-pound default for nonattainment and maintenance areas 

should not apply.

No signs of acute toxicity were observed in rats exposed to 100,000 parts per million 

(ppm) C6 fluoroketone for up to four hours. The "no observed adverse effect" level for 

acute toxicity in rats was 100,000 ppm or 10%. Other toxicity studies have concluded that 

C6 fluoroketone is only minimally irritating to the eye, non-irritating to the skin, and does 

not cause sensitization. There have been no complaints of adverse health effects from 

human experience with exposures to C6 fluoroketone. C6 fluoroketone is safe to the public 

when discharged in the event of a fire. C6 fluoroketone was approved by the EPA in 2002 

(67 FR 77931) as an acceptable substitute for ozone-depleting substances, such as halon 

1301, for use in fire suppression.

Section by Section Discussion

§101.1, Definitions

The commission proposes to amend §101.1 to add the definition of GHGs, set an RQ for a 
Texas Commission on Environmental Quality Page 15

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

compound in response to a rulemaking petition, provide that there is no RQ for GHGs 

(except for the specific individual air contaminant compounds found in the current RQ 

definition), amend the definition of unauthorized emissions to exclude CO2 and CH4, and 

make nonsubstantive revisions including renumbering and clarifying references.

The commission proposes §101.1(42) to add a definition of the pollutant GHGs and to 

appropriately renumber the paragraphs of §101.1. The proposed definition would establish 

that the pollutant GHGs is an aggregate group of six GHGs including: CO2, N2O, CH4, 

HFCs, PFCs, and SF6. This proposed definition is consistent with EPA's definition in 40 

Code of Federal Regulations (CFR) §51.166(b)(48). HFCs are compounds containing only 

hydrogen, fluorine, and carbon atoms. PFCs are compounds containing only carbon and 

fluorine atoms. Other gases that are considered GHGs are not included in the definition of 

the pollutant GHGs.

The commission also proposes to add a new RQ of 5,000 lbs in §101.1(89)(A)(i)(III)(-aaa-) 

for 3-Pentanone, 1,1,1,2,2,4,5,5,5-nonafluoro-4-(trifluoromethyl)-, CAS No. 756-13-8. The 

proposed new RQ would increase the reporting threshold for C6 fluoroketone. In 

considering reportable quantities, the TCEQ considered toxicological effects, 

photochemical reactivity for producing ozone, and its intent of limiting emissions events 

reports to the most significant events. C6 fluoroketone is neither a criteria pollutant nor a 

precursor of ozone, and therefore the 100-pound default for nonattainment and 
Texas Commission on Environmental Quality Page 16

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

maintenance areas should not apply.

No signs of acute toxicity were observed in rats exposed to 100,000 ppm C6 fluoroketone 

for up to four hours. The "no observed adverse effect" level for acute toxicity in rats was 

100,000 ppm or 10%. Other toxicity studies have concluded that C6 fluoroketone is only 

minimally irritating to the eye, non-irritating to the skin, and does not cause sensitization.

There have been no complaints of adverse health effects from human experience with 

exposures to C6 fluoroketone. C6 fluoroketone is safe to the public when discharged in the 

event of a fire. C6 fluoroketone was approved by the EPA in 2002 (67 FR 77931) as an 

acceptable substitute for ozone-depleting substances, such as halon 1301, for use in fire 

suppression.

The commission also proposes to add §101.1(89)(A)(iii) to provide that there would be no 

RQ for GHGs, except for the specific individual air contaminant compounds found in the 

current RQ definition. A source which has emissions exceeding PSD GHG permit limits 

would be subject to recordkeeping for unauthorized emissions of GHGs and other 

pollutants. All unauthorized emissions would also be considered Title V deviations and 

would be required to be included in semi-annual reporting required in Chapter 122.

Unauthorized emissions are defined as exceeding a permit limit, rule, or order of the 

commission. A source that is not required to have a PSD GHG permit does not have a limit 
Texas Commission on Environmental Quality Page 17

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

for which unauthorized emissions can be evaluated and therefore will not, by definition, 

have an emissions event of GHGs. Consequently, there is no recordkeeping requirement 

for unauthorized emissions of GHGs for a source that is not required to have a PSD GHG 

permit. However, recordkeeping of unauthorized emissions of other pollutants remains a 

requirement, and reporting under §101.201 may be required.

In proposed §101.1(108), the commission removes the words "carbon dioxide" and 

"methane" from the definition of "Unauthorized emissions" because these will now be 

regulated as GHGs. By removing the terms, these two GHGs will no longer be exempted 

from the definition of unauthorized emissions. Because no GHGs will be listed in the 

exception, all GHGs would be considered as unauthorized emissions if they exceed any air 

emission limitation in a permit, rule, or order of the commission or as authorized by Texas 

Clean Air Act (TCAA), THSC, §382.0518(g). 

In §101.1(25), the commission proposes nonsubstantive amendments to clarify the 

referenced rule is in the Code of Federal Regulations (CFR). In §101.1(61), the commission 

proposes nonsubstantive amendments to the definition of mobile emissions reduction 

credit. The added clarifying language provides the title of the referenced division, Emission 

Credit Banking and Trading. The commission proposes nonsubstantive amendments to the 

definition of particulate matter emissions, to clarify the chemical formula NOX refers to 

nitrogen oxides in §101.1(77). The commission also proposes amendments in §101.1(89) 
Texas Commission on Environmental Quality Page 18

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

correcting CFR to CFC for four air contaminant compounds.

§101.10, Emissions Inventory Requirements

The commission proposes to amend §101.10(a)(3) by adding an exception for GHGs (as 

listed in the proposed amendment to §101.1) to the applicable criteria for which an owner 

or operator is required to submit emissions inventories. Specifically, the exception is added 

to the requirement for any account that emits or has the potential to emit 100 tons per year 

(tpy) or more of any contaminant.

The commission also proposes nonsubstantive revisions for this section. Subsection (a) is 

proposed to be renumbered to reflect the subsection reorganization for clarity. Subsection 

(b) has been updated to reflect the renumbering in subsection (a). The title of §116.12 was 

updated in subsection (a)(1) to "Nonattainment and Prevention of Significant 

Deterioration Review Definitions" to reflect the current title of the rule. In subsection 

(a)(4) the acronym for Federal Clean Air Act was expanded for clarification. In subsections

(b)(3) and (e) the word industrial was removed from the name of the "Emissions 

Assessment Section" to reflect its current name. Subsection (f) was updated to reflect the 

current enforcement authority for completing an emissions inventory. Enforcement by 

appropriate action includes Texas Water Code (TWC), §7.002 for administrative penalties, 

§7.101 for civil penalties, and §7.178 for criminal penalties.
Texas Commission on Environmental Quality Page 19

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

§101.27, Emissions Fees

The commission proposes to amend subsection (f)(3) by excepting GHGs as defined in 

§101.1 from the term "regulated pollutant" for the purposes of §101.27. This change is 

necessary to exempt GHGs from the list of pollutants subject to fees. GHGs are being 

exempted because certain GHGs, like CO2, are emitted in such large quantities that the 

resulting fee collection would be in excess of current near-term program funding 

requirements.

Existing sites in Texas will become subject to the Title V federal operating permits program 

on the effective date of EPA's final action approving the revisions to the Federal Operating 

Permits Program or approving revision of §122.122 into the SIP, whichever is later. For 

example, if the later of the two actions is effective on or before August 31, 2014 (the end of 

Fiscal Year 2014), existing sources which meet or exceed the Title V major source 

thresholds in proposed §122.122(14)(H) will become subject to emissions fees on that day.

Since fees for Fiscal Year 2014 would have already been invoiced at that date, an emissions 

fee for Fiscal Year 2014 for these sources would be assessed as soon as practical and would 

be based on emissions of non-GHGs in calendar year 2012 (or other data allowed per 

§101.27). If the later of the two EPA actions is effective on or after September 1, 2014 (in 

Fiscal Year 2015), then these sources will become subject to emissions fees on that day. An 

emissions fee for Fiscal Year 2015 would typically be invoiced in fall of calendar year 2014 
Texas Commission on Environmental Quality Page 20

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

and would be based on emissions of non-GHGs in calendar year 2013 (or other data 

allowed per §101.27).

§101.201, Emissions Event Reporting and Recordkeeping Requirements

The commission proposes to amend subsection (c) to provide that any emissions of CO2, 

N2O, CH4, HFCs, PFCs, or SF6, individually or collectively, are not required to be submitted 

as part of the final record under this subsection. This is consistent with the proposed 

change adding §101.1(89)(A)(iii) to provide that there would be no RQ for GHGs, except for 

the specific individual air contaminant compounds found in the current RQ definition.

Fiscal Note: Costs to State and Local Government

Nina Chamness, Analyst in the Strategic Planning and Assessment Section, has determined 

that for the first five-year period the proposed rules are in effect, no significant fiscal 

implications are anticipated for the agency as a result of administration or enforcement of 

the proposed rules. The proposed rules will not have any fiscal implications for other state 

agencies or units of local government.

The proposed rules would amend Chapter 101 to implement the requirements of HB 788, 

83rd Legislature, 2013, as part of a larger rulemaking involving Chapters 39, 55, 106, 116, 

and 122. This fiscal note only addresses the proposed rules for Chapter 101.
Texas Commission on Environmental Quality Page 21

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

Proposed amendments to implement HB 788

The proposed rules would amend Chapter 101 to clarify that, for emissions event and 

scheduled MSS rules, all emissions of GHGs are exempt from reporting requirements

under §101.201. The proposed rules also clarify that emission fees will not be assessed on

emissions of GHGs. Emissions of GHGs are not currently charged an emission fee in Texas, 

so this rule change carries forward existing practice. The rule change is necessary because 

GHGs are becoming a regulated pollutant and therefore would be subject to fees under 

§101.27 unless this exclusion is added. Note that under existing requirements of §101.27, 

sites which are required to obtain a federal operating permit under Chapter 122 as a result 

of emissions of GHGs will be required to pay a fee on their non-GHG pollutants. In 

addition, existing requirements of §101.10 specify that major sources as defined in §116.12 

are required to submit an emissions inventory, and changes to Chapter 116 as part of this 

HB 788 implementation will result in additional sources becoming subject to emissions 

inventory requirements. These fee impacts and emissions inventory impacts are discussed 

in the fiscal notes for Chapter 122 and Chapter 116, respectively, because the changes to 

those chapters are what cause those existing requirements of Chapter 101 to apply to major 

sources of GHGs.

In implementing the previous changes some specific amendments in the proposed rules 

include: a definition of GHGs; a revision to the definition of RQs so that emissions of 

GHGs are not required to be reported for emissions events or scheduled MSS; a revision to 
Texas Commission on Environmental Quality Page 22

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

clarify that emissions of GHGs are not counted towards the 100 tpy emissions inventory 

criteria in §101.10(a)(3); a change to clarify that GHGs are not considered regulated 

pollutants under the fee system of §101.27; and a change in the definition of unauthorized 

emissions to clarify that GHGs will be permitted pollutants. The result of the proposed 

rules (when combined with proposals in other chapters) clarify that emissions of GHGs will 

not be reportable for emission events purposes, scheduled MSS purposes, or for emissions 

inventories.

Proposed amendments to respond to a petition

Finally, in response to the 3M petition received by the agency, the proposed rules would 

also establish a 5,000 pound RQ threshold instead of the default 100 pound RQ for C6 

fluoroketone (a fire retardant).

Fiscal Impact on Governmental Entities

Other state agencies and units of local government will not experience any fiscal impacts as 

a result of the proposed rules for Chapter 101. Current rules have never required the 

reporting of emissions of GHGs, and the proposed rules clarify that reporting emissions of 

GHGs will not be required for emissions inventory or under §101.201 for emissions events 

or unscheduled MSS. In the case of the proposed RQ for C6 fluoroketone, the proposed 

rules are expected to have minimal fiscal impact since the compound is expected to be used 

on very rare occasions and in specific circumstances. 
Texas Commission on Environmental Quality Page 23

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

Agency revenue will not increase as a result of the proposed rules, and regulated entities 

will not be required to pay additional emission fees for emissions of GHGs.

Public Benefits and Costs

Ms. Chamness also determined that for each year of the first five years the proposed rules 

are in effect, the public benefit anticipated from the changes seen in the proposed rules will 

be compliance with state law and clarification of reporting requirements for emissions of 

GHGs.

The proposed rules would amend Chapter 101 to clarify that, for emissions event and 

scheduled MSS reporting rules, all emissions of GHGs are exempt from reporting

requirements under §101.201. Also, the proposed rules clarify that emission fees will not be 

assessed on emissions of GHGs, although major Title V sources of GHGs will be required to 

pay fees on emissions of non-GHGs under existing rules. Finally, in response to a petition 

received by the agency, the proposed rules would also establish a 5,000 pound RQ 

threshold instead of the default 100 pounds RQ for C6 fluoroketone.

Individuals and businesses will not experience significant fiscal impacts under the 

proposed rules because they are either clarifying in nature, continue current agency 

reporting requirements for emissions of GHGs or are, as with C6 fluoroketone, expected to 
Texas Commission on Environmental Quality Page 24

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

be applicable to very rare circumstances. The proposed Chapter 101 rules are consistent 

with changes to be made in other air emission regulations for major sources.

Small Business and Micro-Business Assessment

No adverse fiscal implications are anticipated for small or micro-businesses as a result of 

the proposed rules because they are either clarifying in nature, continue current agency 

reporting requirements for emissions of GHGs, or are, as with C6 fluoroketone, expected to 

be applicable to very rare circumstances.

Small Business Regulatory Flexibility Analysis

The commission has reviewed this proposed rulemaking and determined that a small 

business regulatory flexibility analysis is not required because the proposed rules are 

required to comply with state law and do not adversely affect a small or micro-business in a 

material way for the first five years that the proposed rules are in effect.

Local Employment Impact Statement

The commission has reviewed this proposed rulemaking and determined that a local 

employment impact statement is not required because the proposed rules do not adversely 

affect a local economy in a material way for the first five years that the proposed rules are 

in effect.
Texas Commission on Environmental Quality Page 25

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

Draft Regulatory Impact Analysis Determination

The commission reviewed the proposed rulemaking in light of the regulatory impact 

analysis requirements of Texas Government Code, §2001.0225, and determined that the 

rulemaking does not meet the definition of a major environmental rule as defined in that 

statute, and in addition, if it did meet the definition, would not be subject to the 

requirement to prepare a regulatory impact analysis.

A major environmental rule means a rule, the specific intent of which is to protect the 

environment or reduce risks to human health from environmental exposure, and that may 

adversely affect in a material way the economy, a sector of the economy, productivity, 

competition, jobs, the environment, or the public health and safety of the state or a sector 

of the state. The specific intent of the proposed rulemaking is to implement HB 788 by 

adding a definition of the pollutant GHGs as an aggregate group of six GHGs including: 

CO2, N2O, CH4, HFCs, PFCs, and SF6; and establishing a new reportable quantity for fire 

protection fluid, 3-Pentanone, 1,1,1,2,2,4,5,5,5-nonafluoro-4-(trifluoromethyl)-, CAS No. 

756-13-8. Further, the rulemaking is intended to clarify how the regulation of GHGs is 

implemented in the emissions inventory and emissions fee requirements of the 

commission's rules.

Additionally, even if the rules met the definition of a major environmental rule, the 

rulemaking does not meet any of the four applicability criteria for requiring a regulatory 
Texas Commission on Environmental Quality Page 26

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

impact analysis for a major environmental rule, which are listed in Texas Government 

Code, §2001.0225(a). Texas Government Code, §2001.0225, applies only to a major 

environmental rule, the result of which is to: 1) exceed a standard set by federal law, unless 

the rule is specifically required by state law; 2) exceed an express requirement of state law, 

unless the rule is specifically required by federal law; 3) exceed a requirement of a 

delegation agreement or contract between the state and an agency or representative of the 

federal government to implement a state and federal program; or 4) adopt a rule solely 

under the general powers of the agency instead of under a specific state law.

The proposed rules would implement requirements of the FCAA. Under 42 United States 

Code (USC), §7410, each state is required to adopt and implement a SIP containing 

adequate provisions to implement, attain, maintain, and enforce the NAAQS within the 

state. One of the requirements of 42 USC, §7410 is for states to include programs for the 

regulation of the modification and construction of any stationary source within the area 

covered by the plan as necessary to assure that the NAAQS are achieved, including a 

permit program as required in FCAA, Parts C and D, or NSR. This rulemaking will 

implement provisions in HB 788 to establish the TCEQ as the permitting authority for 

major sources of emissions of GHGs in Texas and to do so consistent with federal law.

Specifically, the amendments to Chapter 101 would add a definition of the pollutant GHGs

as an aggregate group of six GHGs including: CO2, N2O, CH4, HFCs, PFCs, and SF6.

Further, the rulemaking is intended to clarify how the regulation of GHGs is implemented 
Texas Commission on Environmental Quality Page 27

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

in the emissions inventory and emissions fee requirements of the commission's rules. 

The requirement to provide a fiscal analysis of regulations in the Texas Government Code 

was amended by Senate Bill (SB) 633, 75th Legislature, 1997. The intent of SB 633 was to 

require agencies to conduct a regulatory impact analysis of extraordinary rules. These are 

identified in the statutory language as major environmental rules that will have a material 

adverse impact and will exceed a requirement of state law, federal law, or a delegated 

federal program, or are adopted solely under the general powers of the agency. With the 

understanding that this requirement would seldom apply, the commission provided a cost 

estimate for SB 633 that concluded, "based on an assessment of rules adopted by the 

agency in the past, it is not anticipated that the bill will have significant fiscal implications 

for the agency due to its limited application." The commission also noted that the number 

of rules that would require assessment under the provisions of the bill was not large. This 

conclusion was based, in part, on the criteria set forth in the bill that exempted rules from 

the full analysis unless the rule was a major environmental rule that exceeds a federal law.

Because of the ongoing need to meet federal requirements, the commission routinely 

proposes and adopts rules incorporating or designed to satisfy specific federal 

requirements. The legislature is presumed to understand this federal scheme. If each rule 

proposed by the commission to meet a federal requirement was considered to be a major 

environmental rule that exceeds federal law, then each of those rules would require the full 
Texas Commission on Environmental Quality Page 28

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

regulatory impact analysis (RIA) contemplated by SB 633. This conclusion is inconsistent 

with the conclusions reached by the commission in its cost estimate and by the Legislative 

Budget Board in its fiscal notes. Since the legislature is presumed to understand the fiscal 

impacts of the bills it passes, and that presumption is based on information provided by 

state agencies and the Legislative Budget Board, the commission believes that the intent of 

SB 633 was only to require the full RIA for rules that are extraordinary in nature. While the 

proposed rules may have a broad impact, that impact is no greater than is necessary or 

appropriate to meet the requirements of the FCAA, and thus allow EPA to lift its federal 

permitting program on GHG sources in Texas. In fact, the proposed rules create no 

additional impacts since major GHG sources in Texas must currently obtain a PSD permits 

from EPA and the proposed rules merely supplant EPA as the authority for GHG PSD 

permitting in Texas. For these reasons, the proposed rules fall under the exception in Texas 

Government Code, §2001.0225(a), because they are required by, and do not exceed, federal 

law.

The commission has consistently applied this construction to its rules since this statute 

was enacted in 1997. Since that time, the legislature has revised the Texas Government 

Code, but left this provision substantially unamended. It is presumed that "when an agency 

interpretation is in effect at the time the legislature amends the laws without making 

substantial change in the statute, the legislature is deemed to have accepted the agency's 

interpretation." (Central Power & Light Co. v. Sharp, 919 S.W.2d 485, 489 (Tex. App. 
Texas Commission on Environmental Quality Page 29

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

Austin 1995), writ denied with per curiam opinion respecting another issue, 960 S.W.2d 

617 (Tex. 1997); Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. App. Austin 1990, 

no writ). Cf. Humble Oil & Refining Co. v. Calvert, 414 S.W.2d 172 (Tex. 1967); Dudney v. 

State Farm Mut. Auto Ins. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 2000); Southwestern 

Life Ins. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. Austin 2000, pet. denied); and 

Coastal Indust. Water Auth. v. Trinity Portland Cement Div., 563 S.W.2d 916 (Tex. 

1978)).

The commission's interpretation of the RIA requirements is also supported by a change 

made to the Administrative Procedure Act (APA) by the legislature in 1999. In an attempt 

to limit the number of rule challenges based upon APA requirements, the legislature 

clarified that state agencies are required to meet these sections of the APA against the 

standard of "substantial compliance" (Texas Government Code, §2001.035). The 

legislature specifically identified Texas Government Code, §2001.0225 as falling under this 

standard. As discussed in this analysis and elsewhere in this preamble, the commission has 

substantially complied with the requirements of Texas Government Code, §2001.0225.

The proposed rules do not exceed an express requirement in federal or state law. The 

proposed rules implement requirements of the FCAA, specifically to adopt and implement 

SIPs, as well as specific requirements of the TCAA. The specific intent of the proposed 

rulemaking is to implement HB 788 by adding a definition of the pollutant GHGs as an 
Texas Commission on Environmental Quality Page 30

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

aggregate group of six GHGs including: CO2, N2O, CH4, HFCs, PFCs, and SF6. Further, the 

rulemaking is intended to clarify how the regulation of GHGs is implemented in the 

emissions inventory and emissions fee requirements of the commission's rules. The 

rulemaking also would add a new reportable quantity for fire protection fluid, 3-

Pentanone, 1,1,1,2,2,4,5,5,5-nonafluoro-4-(trifluoromethyl)-, CAS No. 756-13-8. The 

proposed rules do not exceed a requirement of a delegation agreement or any contract 

between the state and a federal agency, because there is no agreement applicable to this 

rulemaking. The proposed rules were not developed solely under the general powers of the 

agency, but are authorized by specific sections of THSC, Chapter 382 (also known as the 

TCAA), and the TWC, which are cited in the Statutory Authority section of this preamble.

Therefore, this proposed rulemaking action is not subject to the regulatory analysis 

provisions of Texas Government Code, §2001.0225(b). 

Written comments on the draft regulatory impact analysis determination may be 

submitted to the contact person at the address listed under the Submittal of Comments 

section of this preamble.

Takings Impact Assessment

Under Texas Government Code, §2007.002(5), taking means a governmental action that 

affects private real property, in whole or in part or temporarily or permanently, in a 

manner that requires the governmental entity to compensate the private real property 
Texas Commission on Environmental Quality Page 31

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

owner as provided by the Fifth and Fourteenth Amendments to the United States 

Constitution or Texas Constitution §17 or §19, Article I; or a governmental action that 

affects an owner's private real property that is the subject of the governmental action, in

whole or in part or temporarily or permanently, in a manner that restricts or limits the 

owner's right to the property that would otherwise exist in the absence of the governmental 

action; and is the producing cause of a reduction of at least 25% in the market value of the 

affected private real property, determined by comparing the market value of the property 

as if the governmental action is not in effect and the market value of the property 

determined as if the governmental action is in effect.

The commission completed a takings impact analysis for the proposed rulemaking under 

the Texas Government Code, §2007.043. The primary purpose of this proposed 

rulemaking, as discussed elsewhere in this preamble, is to implement HB 788 by adding a 

definition of the pollutant GHGs as an aggregate group of six GHGs including: CO2, N2O, 

CH4, HFCs, PFCs, and SF6. Further, the rulemaking is intended to clarify how the 

regulation of GHGs is implemented in the emissions inventory and emissions fee 

requirements of the commission's rules. The rulemaking also would add a new reportable 

quantity for fire protection fluid, 3-Pentanone, 1,1,1,2,2,4,5,5,5-nonafluoro-4-

(trifluoromethyl)-, CAS No. 756-13-8.

The proposed rules will not create any additional burden on private real property. The 
Texas Commission on Environmental Quality Page 32

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

proposed rules will not affect private real property in a manner that would require 

compensation to private real property owners under the United States Constitution or the 

Texas Constitution. The proposal also will not affect private real property in a manner that 

restricts or limits an owner's right to the property that would otherwise exist in the absence 

of the governmental action. Therefore, the proposed rulemaking will not cause a taking 

under Texas Government Code, Chapter 2007. 

Consistency with the Coastal Management Program

The commission determined that this rulemaking relates to an action or actions subject to 

the Texas Coastal Management Program (CMP) in accordance with the Coastal 

Coordination Act of 1991, as amended (Texas Natural Resources Code, §§33.201 et seq.), 

and the commission rules in 30 TAC Chapter 281, Subchapter B, concerning Consistency 

with the CMP. As required by §281.45(a)(3) and 31 TAC §505.11(b)(2), relating to Actions 

and Rules Subject to the Coastal Management Program, commission rules governing air 

pollutant emissions must be consistent with the applicable goals and policies of the CMP. 

The commission reviewed this rulemaking for consistency with the CMP goals and policies 

in accordance with the rules of the Coastal Coordination Advisory Committee and 

determined that the rulemaking is consistent with the applicable CMP goals and policies. 

The CMP goal applicable to this rulemaking is the goal to protect, preserve, and enhance 

the diversity, quality, quantity, functions, and values of coastal natural resource areas (31 

TAC §501.12(l)). The proposed rules update rules that govern the submittal of air quality 
Texas Commission on Environmental Quality Page 33

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

PSD and Title V GHG permit applications and associated emissions of GHGs. The CMP 

policy applicable to this rulemaking is the policy that commission rules comply with 

federal regulations in 40 CFR, to protect and enhance air quality in the coastal areas (31 

TAC §501.14(q)). This rulemaking complies with 40 CFR Part 51, Requirements for 

Preparation, Adoption, and Submittal of Implementation Plans. Therefore, in accordance 

with 31 TAC §505.22(e), the commission affirms that this rulemaking is consistent with 

CMP goals and policies.

Written comments on the consistency of this rulemaking may be submitted to the contact 

person at the address listed under the Submittal of Comments section of this preamble.

Effect on Sites Subject to the Federal Operating Permits Program

Sections 101.1 and 101.10 are applicable requirements in the Federal Operating Permits 

Program (Chapter 122). However, the proposed rules, if adopted, would not require any 

revisions to federal operating permits.

Announcement of Hearing

The commission will hold a public hearing on this proposal in Austin on December 5, 2013, 

at 2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 

Park 35 Circle. The hearing is structured for the receipt of oral or written comments by 

interested persons. Individuals may present oral statements when called upon in order of 
Texas Commission on Environmental Quality Page 34

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

registration. Open discussion will not be permitted during the hearing; however, 

commission staff members will be available to discuss the proposal 30 minutes prior to the 

hearing.

Persons who have special communication or other accommodation needs who are 

planning to attend the hearing should contact Sandy Wong, Office of Legal Services at 

(512) 239-1802. Requests should be made as far in advance as possible.

Submittal of Comments

Written comments may be submitted to Charlotte Horn, MC 205, Office of Legal Services, 

Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, 

or faxed to (512) 239-4808. Electronic comments may be submitted at:

http://www5.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to 

comments being submitted via the eComments system. All comments should reference 

Rule Project Number 2013-040-116-AI. The comment period closes December 9, 2013.

Copies of the proposed rulemaking can be obtained from the commission's Web site at 

http://www.tceq.texas.gov/nav/rules/propose_adopt.html. For further information, 

please contact Tasha Burns, Operational Support, Air Permits Division at (512) 239-5868.
Texas Commission on Environmental Quality Page 35

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

SUBCHAPTER A: GENERAL RULES

§§101.1, 101.10, 101.27

Statutory Authority

The amendments are proposed under Texas Water Code (TWC), §5.102, concerning 

General Powers, which provides the commission with the general powers to carry out its 

duties under the TWC; TWC, §5.103, concerning Rules, and TWC, §5.105, concerning 

General Policy, which authorize the commission to adopt rules necessary to carry out its 

powers and duties under the TWC; and under Texas Health and Safety Code (THSC), 

§382.017, concerning Rules, which authorizes the commission to adopt rules consistent 

with the policy and purposes of the Texas Clean Air Act. The amendments are also 

proposed under THSC, §382.002, concerning Policy and Purpose, which establishes the 

commission's purpose to safeguard the state's air resources, consistent with the protection 

of public health, general welfare, and physical property; THSC, §382.011, concerning 

General Powers and Duties, which authorizes the commission to control the quality of the 

state's air; THSC, §382.012, concerning State Air Control Plan, which authorizes the 

commission to prepare and develop a general, comprehensive plan for the control of the 

state's air; THSC, §382.014, concerning Emission Inventory, which authorizes the 

commission to require submittal of information regarding emissions of air contaminants; 

THSC, §382.016, concerning Monitoring Requirements; Examination of Records, which 

authorizes the commission to prescribe requirements for measuring, monitoring, and 
Texas Commission on Environmental Quality Page 36

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

maintaining records of emissions of air contaminants; THSC, §382.0215, concerning 

Assessment of Emissions Due to Emissions Events, which authorizes the commission to 

collect and assess unauthorized emissions data due to emissions events; THSC, §382.0216, 

concerning Regulation of Emissions Events, which authorizes the commission to establish 

criteria for determining when emissions events are excessive and to require facilities to 

take action to reduce emissions from excessive emissions events; THSC, §382.05102, 

concerning Permitting Authority of Commission; Greenhouse Gas Emissions, which relates 

to the permitting authority of the commission for greenhouse gas emissions; THSC, 

§382.062, concerning Application, Permit and Inspection Fees, which authorizes the 

commission to charge these types of fees; and THSC, §382.085, concerning Unauthorized 

Emissions Prohibited, which prohibits emissions of air contaminants except as authorized 

by commission by rule or order. The amendments are also proposed under Texas 

Government Code, §2006.004, concerning Requirements to Adopt Rules of Practice and 

Index Rules, Orders, Decisions, which requires state agencies to adopt procedural rules; 

and Texas Government Code, §2001.006, concerning Actions Prepatory to Implementation 

of Statute or Rule, which authorizes state agencies to adopt rules or take other 

administrative action that the agency deems necessary to implement legislation. The 

amendments are also proposed under Federal Clean Air Act (FCAA), 42 United States Code 

(USC), §§7401, et seq., which requires states to submit state implementation plan revisions 

that specify the manner in which the national ambient air quality standards will be 

achieved and maintained within each air quality control region of the state.
Texas Commission on Environmental Quality Page 37

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

The proposed amendments implement House Bill 788, 82nd Legislature, 2013, THSC, 

§§382.002, 382.011, 382.012, 382.014, 382.016, 382.0215, 382.0216, 382.05102, and 

382.062; and Texas Government Code, §2001.004 and §2001.006; and FCAA, 42 USC, 

§§7401 et seq.

§101.1. Definitions.

Unless specifically defined in the Texas Clean Air Act (TCAA) or in the rules of the 

commission, the terms used by the commission have the meanings commonly ascribed to 

them in the field of air pollution control. In addition to the terms that are defined by the 

TCAA, the following terms, when used in the air quality rules in this title, have the 

following meanings, unless the context clearly indicates otherwise. 

(1) Account--For those sources required to be permitted under Chapter 122 of 

this title (relating to Federal Operating Permits Program), all sources that are aggregated 

as a site. For all other sources, any combination of sources under common ownership or 

control and located on one or more contiguous properties, or properties contiguous except 

for intervening roads, railroads, rights-of-way, waterways, or similar divisions. 
Texas Commission on Environmental Quality Page 38

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(2) Acid gas flare--A flare used exclusively for the incineration of hydrogen 

sulfide and other acidic gases derived from natural gas sweetening processes. 

(3) Agency established facility identification number--For the purposes of 

Subchapter F of this chapter (relating to Emissions Events and Scheduled Maintenance, 

Startup, and Shutdown Activities), a unique alphanumeric code required to be assigned by 

the owner or operator of a regulated entity that the emission inventory reporting 

requirements of §101.10 of this title (relating to Emissions Inventory Requirements) are 

applicable to each facility at that regulated entity. 

(4) Ambient air--That portion of the atmosphere, external to buildings, to 

which the general public has access. 

(5) Background--Background concentration, the level of air contaminants 

that cannot be reduced by controlling emissions from man-made sources. It is determined 

by measuring levels in non-urban areas. 

(6) Boiler--Any combustion equipment fired with solid, liquid, and/or 

gaseous fuel used to produce steam or to heat water. 
Texas Commission on Environmental Quality Page 39

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(7) Capture system--All equipment (including, but not limited to, hoods, 

ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and transports an air 

pollutant to a control device. 

(8) Captured facility--A manufacturing or production facility that generates 

an industrial solid waste or hazardous waste that is routinely stored, processed, or 

disposed of on a shared basis in an integrated waste management unit owned, operated by, 

and located within a contiguous manufacturing complex. 

(9) Carbon adsorber--An add-on control device that uses activated carbon to 

adsorb volatile organic compounds from a gas stream. 

(10) Carbon adsorption system--A carbon adsorber with an inlet and outlet 

for exhaust gases and a system to regenerate the saturated adsorbent. 

(11) Coating--A material applied onto or impregnated into a substrate for 

protective, decorative, or functional purposes. Such materials include, but are not limited 

to, paints, varnishes, sealants, adhesives, thinners, diluents, inks, maskants, and 

temporary protective coatings. 
Texas Commission on Environmental Quality Page 40

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(12) Cold solvent cleaning--A batch process that uses liquid solvent to remove 

soils from the surfaces of parts or to dry the parts by spraying, brushing, flushing, and/or 

immersion while maintaining the solvent below its boiling point. Wipe cleaning (hand 

cleaning) is not included in this definition. 

(13) Combustion unit--Any boiler plant, furnace, incinerator, flare, engine, or 

other device or system used to oxidize solid, liquid, or gaseous fuels, but excluding motors 

and engines used in propelling land, water, and air vehicles. 

(14) Combustion turbine--Any gas turbine system that is gas and/or liquid 

fuel fired with or without power augmentation. This unit is either attached to a foundation 

or is portable equipment operated at a specific minor or major source for more than 90 

days in any 12-month period. Two or more gas turbines powering one shaft will be treated 

as one unit. 

(15) Commercial hazardous waste management facility--Any hazardous waste 

management facility that accepts hazardous waste or polychlorinated biphenyl compounds 

for a charge, except a captured facility that disposes only waste generated on-site or a 

facility that accepts waste only from other facilities owned or effectively controlled by the 

same person. 
Texas Commission on Environmental Quality Page 41

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(16) Commercial incinerator--An incinerator used to dispose of waste 

material from retail and wholesale trade establishments. 

(17) Commercial medical waste incinerator--A facility that accepts for 

incineration medical waste generated outside the property boundaries of the facility. 

(18) Component--A piece of equipment, including, but not limited to, pumps, 

valves, compressors, and pressure relief valves that has the potential to leak volatile 

organic compounds. 

(19) Condensate--Liquids that result from the cooling and/or pressure 

changes of produced natural gas. Once these liquids are processed at gas plants or 

refineries or in any other manner, they are no longer considered condensates. 

(20) Construction-demolition waste--Waste resulting from construction or 

demolition projects. 

(21) Control system or control device--Any part, chemical, machine, 

equipment, contrivance, or combination of same, used to destroy, eliminate, reduce, or 

control the emission of air contaminants to the atmosphere. 
Texas Commission on Environmental Quality Page 42

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(22) Conveyorized degreasing--A solvent cleaning process that uses an 

automated parts handling system, typically a conveyor, to automatically provide a 

continuous supply of parts to be cleaned or dried using either cold solvent or vaporized 

solvent. A conveyorized degreasing process is fully enclosed except for the conveyor inlet 

and exit portals. 

(23) Criteria pollutant or standard--Any pollutant for which there is a 

national ambient air quality standard established under 40 Code of Federal Regulations 

Part 50. 

(24) Custody transfer--The transfer of produced crude oil and/or condensate, 

after processing and/or treating in the producing operations, from storage tanks or 

automatic transfer facilities to pipelines or any other forms of transportation. 

(25) De minimis impact--A change in ground level concentration of an air 

contaminant as a result of the operation of any new major stationary source or of the 

operation of any existing source that has undergone a major modification that does not 

exceed the significance levels as specified in 40 Code of Federal Regulations [(CFR)] 

§51.165(b)(2). 
Texas Commission on Environmental Quality Page 43

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(26) Domestic wastes--The garbage and rubbish normally resulting from the 

functions of life within a residence. 

(27) Emissions banking--A system for recording emissions reduction credits 

so they may be used or transferred for future use. 

(28) Emissions event--Any upset event or unscheduled maintenance, startup, 

or shutdown activity, from a common cause that results in unauthorized emissions of air 

contaminants from one or more emissions points at a regulated entity. 

(29) Emissions reduction credit--Any stationary source emissions reduction 

that has been banked in accordance with Chapter 101, Subchapter H, Division 1 of this title 

(relating to Emission Credit Banking and Trading). 

(30) Emissions reduction credit certificate--The certificate issued by the 

executive director that indicates the amount of qualified reduction available for use as 

offsets and the length of time the reduction is eligible for use. 

(31) Emissions unit--Any part of a stationary source that emits, or would 

have the potential to emit, any pollutant subject to regulation under the Federal Clean Air 

Act. 
Texas Commission on Environmental Quality Page 44

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(32) Excess opacity event--When an opacity reading is equal to or exceeds 15 

additional percentage points above an applicable opacity limit, averaged over a six-minute 

period. 

(33) Exempt solvent--Those carbon compounds or mixtures of carbon 

compounds used as solvents that have been excluded from the definition of volatile organic 

compound. 

(34) External floating roof--A cover or roof in an open top tank that rests 

upon or is floated upon the liquid being contained and is equipped with a single or double 

seal to close the space between the roof edge and tank shell. A double seal consists of two 

complete and separate closure seals, one above the other, containing an enclosed space 

between them. 

(35) Federal motor vehicle regulation--Control of Air Pollution from Motor 

Vehicles and Motor Vehicle Engines, 40 Code of Federal Regulations Part 85. 

(36) Federally enforceable--All limitations and conditions that are 

enforceable by the United States Environmental Protection Agency administrator, 

including those requirements developed under 40 Code of Federal Regulations (CFR) Parts 
Texas Commission on Environmental Quality Page 45

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

60 and 61; requirements within any applicable state implementation plan (SIP); and any 

permit requirements established under 40 CFR §52.21 or under regulations approved 

under 40 CFR Part 51, Subpart 1, including operating permits issued under the approved 

program that is incorporated into the SIP and that expressly requires adherence to any 

permit issued under such program. 

(37) Flare--An open combustion unit (i.e., lacking an enclosed combustion 

chamber) whose combustion air is provided by uncontrolled ambient air around the flame, 

and that is used as a control device. A flare may be equipped with a radiant heat shield 

(with or without a refractory lining), but is not equipped with a flame air control damping 

system to control the air/fuel mixture. In addition, a flare may also use auxiliary fuel. The 

combustion flame may be elevated or at ground level. A vapor combustor, as defined in this 

section, is not considered a flare. 

(38) Fuel oil--Any oil meeting the American Society for Testing and Materials 

(ASTM) specifications for fuel oil in ASTM D396-01, Standard Specifications for Fuel Oils, 

revised 2001. This includes fuel oil grades 1, 1 (Low Sulfur), 2, 2 (Low Sulfur), 4 (Light), 4, 

5 (Light), 5 (Heavy), and 6. 
Texas Commission on Environmental Quality Page 46

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(39) Fugitive emission--Any gaseous or particulate contaminant entering the 

atmosphere that could not reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening designed to direct or control its flow. 

(40) Garbage--Solid waste consisting of putrescible animal and vegetable 

waste materials resulting from the handling, preparation, cooking, and consumption of 

food, including waste materials from markets, storage facilities, and handling and sale of 

produce and other food products. 

(41) Gasoline--Any petroleum distillate having a Reid vapor pressure of four 

pounds per square inch (27.6 kilopascals) or greater that is produced for use as a motor 

fuel, and is commonly called gasoline. 

(42) Greenhouse gases -- the aggregate group of six greenhouse gases: carbon 

dioxide (CO2), nitrous oxide (N2O), methane (CH4), hydrofluorocarbons (HFCs), 

perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).

(43) [(42)] Hazardous wastes--Any solid waste identified or listed as a 

hazardous waste by the administrator of the United States Environmental Protection 

Agency under the federal Solid Waste Disposal Act, as amended by Resource Conservation 

and Recovery Act, 42 United States Code, §§6901 et seq., as amended. 
Texas Commission on Environmental Quality Page 47

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(44) [(43)] Heatset (used in offset lithographic printing)--Any operation 

where heat is required to evaporate ink oil from the printing ink. Hot air dryers are used to 

deliver the heat. 

(45) [(44)] High-bake coatings--Coatings designed to cure at temperatures 

above 194 degrees Fahrenheit. 

(46) [(45)] High-volume low-pressure spray guns--Equipment used to apply 

coatings by means of a spray gun that operates between 0.1 and 10.0 pounds per square 

inch gauge air pressure measured at the air cap. 

(47) [(46)] Incinerator--An enclosed combustion apparatus and attachments 

that is used in the process of burning wastes for the primary purpose of reducing its 

volume and weight by removing the combustibles of the waste and is equipped with a flue 

for conducting products of combustion to the atmosphere. Any combustion device that 

burns 10% or more of solid waste on a total British thermal unit (Btu) heat input basis 

averaged over any one-hour period is considered to be an incinerator. A combustion device 

without instrumentation or methodology to determine hourly flow rates of solid waste and 

burning 1.0% or more of solid waste on a total Btu heat input basis averaged annually is 

also considered to be an incinerator. An open-trench type (with closed ends) combustion 
Texas Commission on Environmental Quality Page 48

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

unit may be considered an incinerator when approved by the executive director. Devices 

burning untreated wood scraps, waste wood, or sludge from the treatment of wastewater 

from the process mills as a primary fuel for heat recovery are not included under this 

definition. Combustion devices permitted under this title as combustion devices other than 

incinerators will not be considered incinerators for application of any rule within this title 

provided they are installed and operated in compliance with the condition of all applicable 

permits. 

(48) [(47)] Industrial boiler--A boiler located on the site of a facility engaged 

in a manufacturing process where substances are transformed into new products, 

including the component parts of products, by mechanical or chemical processes. 

(49) [(48)] Industrial furnace--Cement kilns; lime kilns; aggregate kilns; 

phosphate kilns; coke ovens; blast furnaces; smelting, melting, or refining furnaces, 

including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering 

machines, roasters, or foundry furnaces; titanium dioxide chloride process oxidation 

reactors; methane reforming furnaces; pulping recovery furnaces; combustion devices 

used in the recovery of sulfur values from spent sulfuric acid; and other devices the 

commission may list. 
Texas Commission on Environmental Quality Page 49

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(50) [(49)] Industrial solid waste--Solid waste resulting from, or incidental 

to, any process of industry or manufacturing, or mining or agricultural operations, 

classified as follows.

(A) Class 1 industrial solid waste or Class 1 waste is any industrial solid 

waste designated as Class 1 by the executive director as any industrial solid waste or 

mixture of industrial solid wastes that because of its concentration or physical or chemical 

characteristics is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of 

sudden pressure by decomposition, heat, or other means, and may pose a substantial 

present or potential danger to human health or the environment when improperly 

processed, stored, transported, or otherwise managed, including hazardous industrial 

waste, as defined in §335.1 and §335.505 of this title (relating to Definitions and Class 1 

Waste Determination). 

(B) Class 2 industrial solid waste is any individual solid waste or 

combination of industrial solid wastes that cannot be described as Class 1 or Class 3, as 

defined in §335.506 of this title (relating to Class 2 Waste Determination). 

(C) Class 3 industrial solid waste is any inert and essentially insoluble 

industrial solid waste, including materials such as rock, brick, glass, dirt, and certain 
Texas Commission on Environmental Quality Page 50

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

plastics and rubber, etc., that are not readily decomposable as defined in §335.507 of this 

title (relating to Class 3 Waste Determination). 

(51) [(50)] Internal floating cover--A cover or floating roof in a fixed roof tank 

that rests upon or is floated upon the liquid being contained, and is equipped with a 

closure seal or seals to close the space between the cover edge and tank shell. 

(52) [(51)] Leak--A volatile organic compound concentration greater than 

10,000 parts per million by volume or the amount specified by applicable rule, whichever 

is lower; or the dripping or exuding of process fluid based on sight, smell, or sound. 

(53) [(52)] Liquid fuel--A liquid combustible mixture, not derived from 

hazardous waste, with a heating value of at least 5,000 British thermal units per pound. 

(54) [(53)] Liquid-mounted seal--A primary seal mounted in continuous 

contact with the liquid between the tank wall and the floating roof around the 

circumference of the tank. 

(55) [(54)] Maintenance area--A geographic region of the state previously 

designated nonattainment under the Federal Clean Air Act Amendments of 1990 and 

subsequently redesignated to attainment subject to the requirement to develop a 
Texas Commission on Environmental Quality Page 51

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

maintenance plan under 42 United States Code, §7505a, as described in 40 Code of Federal 

Regulations Part 81 and in pertinent Federal Register notices. 

(56) [(55)] Maintenance plan--A revision to the applicable state 

implementation plan, meeting the requirements of 42 United States Code, §7505a. 

(57) [(56)] Marine vessel--Any watercraft used, or capable of being used, as a 

means of transportation on water, and that is constructed or adapted to carry, or that 

carries, oil, gasoline, or other volatile organic liquid in bulk as a cargo or cargo residue. 

(58) [(57)] Mechanical shoe seal--A metal sheet that is held vertically against 

the storage tank wall by springs or weighted levers and is connected by braces to the 

floating roof. A flexible coated fabric (envelope) spans the annular space between the metal 

sheet and the floating roof. 

(59) [(58)] Medical waste--Waste materials identified by the Department of 

State Health Services as "special waste from health care-related facilities" and those waste 

materials commingled and discarded with special waste from health care-related facilities. 

(60) [(59)] Metropolitan Planning Organization--That organization 

designated as being responsible, together with the state, for conducting the continuing, 
Texas Commission on Environmental Quality Page 52

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

cooperative, and comprehensive planning process under 23 United States Code (USC), 

§134 and 49 USC, §1607. 

(61) [(60)] Mobile emissions reduction credit--The credit obtained from an 

enforceable, permanent, quantifiable, and surplus (to other federal and state rules) 

emissions reduction generated by a mobile source as set forth in Chapter 114, Subchapter F 

of this title (relating to Vehicle Retirement and Mobile Emission Reduction Credits), and 

that has been banked in accordance with Subchapter H, Division 1 of this chapter (relating 

to Emission Credit Banking and Trading). 

(62) [(61)] Motor vehicle--A self-propelled vehicle designed for transporting 

persons or property on a street or highway. 

(63) [(62)] Motor vehicle fuel dispensing facility--Any site where gasoline is 

dispensed to motor vehicle fuel tanks from stationary storage tanks. 

(64) [(63)] Municipal solid waste--Solid waste resulting from, or incidental 

to, municipal, community, commercial, institutional, and recreational activities, including 

garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all 

other solid waste except industrial solid waste. 
Texas Commission on Environmental Quality Page 53

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(65) [(64)] Municipal solid waste facility--All contiguous land, structures, 

other appurtenances, and improvements on the land used for processing, storing, or 

disposing of solid waste. A facility may be publicly or privately owned and may consist of 

several processing, storage, or disposal operational units, e.g., one or more landfills, 

surface impoundments, or combinations of them. 

(66) [(65)] Municipal solid waste landfill--A discrete area of land or an 

excavation that receives household waste and that is not a land application unit, surface 

impoundment, injection well, or waste pile, as those terms are defined under 40 Code of 

Federal Regulations §257.2. A municipal solid waste landfill (MSWLF) unit also may 

receive other types of Resource Conservation and Recovery Act Subtitle D wastes, such as 

commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity 

generator waste, and industrial solid waste. Such a landfill may be publicly or privately 

owned. An MSWLF unit may be a new MSWLF unit, an existing MSWLF unit, or a lateral 

expansion. 

(67) [(66)] National ambient air quality standard--Those standards 

established under 42 United States Code, §7409, including standards for carbon monoxide, 

lead, nitrogen dioxide, ozone, inhalable particulate matter, and sulfur dioxide. 
Texas Commission on Environmental Quality Page 54

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(68) [(67)] Net ground-level concentration--The concentration of an air 

contaminant as measured at or beyond the property boundary minus the representative 

concentration flowing onto a property as measured at any point. Where there is no 

expected influence of the air contaminant flowing onto a property from other sources, the 

net ground level concentration may be determined by a measurement at or beyond the 

property boundary. 

(69) [(68)] New source--Any stationary source, the construction or 

modification of which was commenced after March 5, 1972. 

(70) [(69)] Nitrogen oxides (NOX)--The sum of the nitric oxide and nitrogen 

dioxide in the flue gas or emission point, collectively expressed as nitrogen dioxide. 

(71) [(70)] Nonattainment area--A defined region within the state that is 

designated by the United States Environmental Protection Agency (EPA) as failing to meet 

the national ambient air quality standard (NAAQS or standard) for a pollutant for which a 

standard exists. The EPA will designate the area as nonattainment under the provisions of 

42 United States Code, §7407(d). For the official list and boundaries of nonattainment 

areas, see 40 Code of Federal Regulations (CFR) Part 81 and pertinent Federal Register 

notices. The designations and classifications for the one-hour ozone national ambient air 

quality standard in 40 CFR Part 81 were retained for the purpose of anti-backsliding and 
Texas Commission on Environmental Quality Page 55

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

upon determination by the EPA that any requirement is no longer required for purposes of 

anti-backsliding, then that requirement no longer applies. 

(72) [(71)] Non-reportable emissions event--Any emissions event that in any 

24-hour period does not result in an unauthorized emission from any emissions point 

equal to or in excess of the reportable quantity as defined in this section. 

(73) [(72)] Opacity--The degree to which an emission of air contaminants 

obstructs the transmission of light expressed as the percentage of light obstructed as 

measured by an optical instrument or trained observer. 

(74) [(73)] Open-top vapor degreasing--A batch solvent cleaning process that 

is open to the air and that uses boiling solvent to create solvent vapor used to clean or dry 

parts through condensation of the hot solvent vapors on the parts. 

(75) [(74)] Outdoor burning--Any fire or smoke-producing process that is not 

conducted in a combustion unit. 

(76) [(75)] Particulate matter--Any material, except uncombined water, that 

exists as a solid or liquid in the atmosphere or in a gas stream at standard conditions. 
Texas Commission on Environmental Quality Page 56

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(A) Particulate matter with diameters less than 10 micrometers 

(PM10)--Particulate matter with an aerodynamic diameter less than or equal to a nominal 

ten micrometers as measured by a reference method based on 40 Code of Federal 

Regulations (CFR) Part 50, Appendix J, and designated in accordance with 40 CFR Part 

53, or by an equivalent method designated with that Part 53. 

(B) Particulate matter with diameters less than 2.5 micrometers 

(PM2.5 )--Particulate matter with an aerodynamic diameter less than or equal to a nominal 

2.5 micrometers as measured by a reference method based on 40 CFR Part 50, Appendix L, 

and designated in accordance with 40 CFR Part 53, or by an equivalent method designated 

with that Part 53. 

(77) [(76)] Particulate matter emissions--All finely-divided solid or liquid 

material, other than uncombined water, emitted to the ambient air as measured by United 

States Environmental Protection Agency Reference Method 5, as specified at 40 Code of 

Federal Regulations (CFR) Part 60, Appendix A, modified to include particulate caught by 

an impinger train; by an equivalent or alternative method, as specified at 40 CFR Part 51; 

or by a test method specified in an approved state implementation plan. 

(A) Direct PM emissions--Solid particles emitted directly from an air 

emissions source or activity, or gaseous emissions or liquid droplets from an air emissions 
Texas Commission on Environmental Quality Page 57

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

source or activity which condense to form particulate matter at ambient temperatures. 

Direct 2.5 micrometers (PM2.5 ) emissions include elemental carbon, directly emitted 

organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic 

particles (including but not limited to crustal materials, metals, and sea salt). 

(B) Secondary PM emissions--Those air pollutants other than PM2.5 

direct emissions that contribute to the formation of PM2.5 . PM2.5 precursors include 

sulfur dioxide (SO2), nitrogen oxides (NOX), volatile organic compounds, and ammonia. 

(78) [(77)] Petroleum refinery--Any facility engaged in producing gasoline, 

kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through 

distillation of crude oil, or through the redistillation, cracking, extraction, reforming, or 

other processing of unfinished petroleum derivatives. 

(79) [(78)] PM2.5 emissions--Finely-divided solid or liquid material with an 

aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the 

ambient air as measured by an applicable reference method, or an equivalent or alternative 

method specified in 40 Code of Federal Regulations Part 51, or by a test method approved 

under a state implementation plan or under a United States Environmental Protection 

Agency delegation or approval. 
Texas Commission on Environmental Quality Page 58

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(80) [(79)] PM10 emissions--Finely-divided solid or liquid material with an 

aerodynamic diameter less than or equal to a nominal ten micrometers emitted to the 

ambient air as measured by an applicable reference method, or an equivalent or alternative 

method specified in 40 Code of Federal Regulations Part 51, or by a test method specified 

in an approved state implementation plan. 

(81) [(80)] Polychlorinated biphenyl compound--A compound subject to 40 

Code of Federal Regulations Part 761. 

(82) [(81)] Process or processes--Any action, operation, or treatment 

embracing chemical, commercial, industrial, or manufacturing factors such as combustion 

units, kilns, stills, dryers, roasters, and equipment used in connection therewith, and all 

other methods or forms of manufacturing or processing that may emit smoke, particulate 

matter, gaseous matter, or visible emissions. 

(83) [(82)] Process weight per hour--"Process weight" is the total weight of 

all materials introduced or recirculated into any specific process that may cause any 

discharge of air contaminants into the atmosphere. Solid fuels charged into the process will 

be considered as part of the process weight, but liquid and gaseous fuels and combustion 

air will not. The "process weight per hour" will be derived by dividing the total process 

weight by the number of hours in one complete operation from the beginning of any given 
Texas Commission on Environmental Quality Page 59

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

process to the completion thereof, excluding any time during that the equipment used to 

conduct the process is idle. For continuous operation, the "process weight per hour" will be 

derived by dividing the total process weight for a 24-hour period by 24. 

(84) [(83)] Property--All land under common control or ownership coupled 

with all improvements on such land, and all fixed or movable objects on such land, or any 

vessel on the waters of this state. 

(85) [(84)] Reasonable further progress--Annual incremental reductions in 

emissions of the applicable air contaminant that are sufficient to provide for attainment of 

the applicable national ambient air quality standard in the designated nonattainment areas 

by the date required in the state implementation plan.

(86) [(85)] Regulated entity--All regulated units, facilities, equipment, 

structures, or sources at one street address or location that are owned or operated by the 

same person. The term includes any property under common ownership or control 

identified in a permit or used in conjunction with the regulated activity at the same street 

address or location. Owners or operators of pipelines, gathering lines, and flowlines under 

common ownership or control in a particular county may be treated as a single regulated 

entity for purposes of assessment and regulation of emissions events. 
Texas Commission on Environmental Quality Page 60

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(87) [(86)] Remote reservoir cold solvent cleaning--Any cold solvent cleaning 

operation in which liquid solvent is pumped to a sink-like work area that drains solvent 

back into an enclosed container while parts are being cleaned, allowing no solvent to pool 

in the work area. 

(88) [(87)] Reportable emissions event--Any emissions event that in any 24-

hour period, results in an unauthorized emission from any emissions point equal to or in 

excess of the reportable quantity as defined in this section. 

(89) [(88)] Reportable quantity (RQ)--Is as follows: 

(A) for individual air contaminant compounds and specifically listed 

mixtures by name or Chemical Abstracts Service (CAS) number, either: 

(i) the lowest of the quantities: 

(I) listed in 40 Code of Federal Regulations (CFR) Part 

302, Table 302.4, the column "final RQ"; 

(II) listed in 40 CFR Part 355, Appendix A, the column 

"Reportable Quantity"; or 
Texas Commission on Environmental Quality Page 61

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(III) listed as follows: 

(-a-) acetaldehyde - 1,000 pounds, except in the 

Houston-Galveston-Brazoria (HGB) and Beaumont-Port Arthur (BPA) ozone 

nonattainment areas as defined in paragraph (70) of this section, where the RQ must be 

100 pounds; 

(-b-) butanes (any isomer) - 5,000 pounds; 

(-c-) butenes (any isomer, except 1,3-butadiene) -

5,000 pounds, except in the HGB and BPA ozone nonattainment areas as defined in 

paragraph (70) of this section, where the RQ must be 100 pounds; 

(-d-) carbon monoxide - 5,000 pounds; 

(-e-) 1-chloro-1,1-difluoroethane (HCFC-142b) -

5,000 pounds; 

(-f-) chlorodifluoromethane (HCFC-22) - 5,000 

pounds; 
Texas Commission on Environmental Quality Page 62

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(-g-) 1-chloro-1-fluoroethane (HCFC-151a) - 5,000 

pounds; 

(-h-) chlorofluoromethane (HCFC-31) - 5,000 

pounds; 

(-i-) chloropentafluoroethane (CFC-115) - 5,000 

pounds; 

(-j-) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC124) - 5,000 pounds; 

(-k-) 1-chloro-1,1,2,2 tetrafluoroethane (HCFC124a) - 5,000 pounds; 

(-l-) 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 

43-10mee) - 5,000 pounds; 

(-m-) decanes (any isomer) - 5,000 pounds; 
Texas Commission on Environmental Quality Page 63

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(-n-) 1,1-dichloro-1-fluoroethane (HCFC-141b) -

5,000 pounds; 

(-o-) 3,3-dichloro-1,1,2,2-pentafluoropropane 

(HCFC-225ca) - 5,000 pounds; 

(-p-) 1,3-dichloro-1,1,2,2,3-pentafluoropropane 

(HCFC-225cb) - 5,000 pounds; 

(-q-) 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC

[CFR]-114) - 5,000 pounds; 

(-r-) 1,1-dichlorotetrafluoroethane (CFC-114a) -

5,000 pounds; 

(-s-) 1,2-dichloro-1,1,2-trifluoroethane (HCFC123a) - 5,000 pounds; 

(-t-) 1,1-difluoroethane (HFC-152a) - 5,000 

pounds; 
Texas Commission on Environmental Quality Page 64

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(-u-) difluoromethane (HFC-32) - 5,000 pounds; 

(-v-) ethanol - 5,000 pounds; 

(-w-) ethylene - 5,000 pounds, except in the HGB 

and BPA ozone nonattainment areas as defined in paragraph (70) of this section, where the 

RQ must be 100 pounds; 

(-x-) ethylfluoride (HFC-161) - 5,000 pounds; 

(-y-) 1,1,1,2,3,3,3-heptafluoropropane (HFC227ea) - 5,000 pounds; 

(-z-) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) -

5,000 pounds; 

(-aa-) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 

- 5,000 pounds; 

(-bb-) hexanes (any isomer) - 5,000 pounds; 
Texas Commission on Environmental Quality Page 65

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(-cc-) isopropyl alcohol - 5,000 pounds; 

(-dd-) mineral spirits - 5,000 pounds; 

(-ee-) octanes (any isomer) - 5,000 pounds; 

(-ff-) oxides of nitrogen - 200 pounds in ozone 

nonattainment, ozone maintenance, early action compact areas, Nueces County, and San 

Patricio County, and 5,000 pounds in all other areas of the state, which should be used 

instead of the RQs for nitrogen oxide and nitrogen dioxide provided in 40 CFR Part 302, 

Table 302.4, the column "final RQ"; 

(-gg-) pentachlorofluoroethane (CFC [CFR]-111) -

5,000 pounds; 

(-hh-) 1,1,1,3,3-pentafluorobutane (HFC-365mfc)

- 5,000 pounds; 

(-ii-) pentafluoroethane (HFC-125) - 5,000 

pounds; 
Texas Commission on Environmental Quality Page 66

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(-jj-) 1,1,2,2,3-pentafluoropropane (HFC-245ca) -

5,000 pounds; 

(-kk-) 1,1,2,3,3-pentafluoropropane (HFC-245ea) 

- 5,000 pounds; 

(-ll-) 1,1,1,2,3-pentafluoropropane (HFC-245eb) -

5,000 pounds; 

(-mm-) 1,1,1,3,3-pentafluoropropane (HFC-245fa) 

- 5,000 pounds; 

(-nn-) pentanes (any isomer) - 5,000 pounds; 

(-oo-) propane - 5,000 pounds; 

(-pp-) propylene - 5,000 pounds, except in the 

HGB and BPA ozone nonattainment areas as defined in paragraph (70) of this section, 

where the RQ must be 100 pounds; 
Texas Commission on Environmental Quality Page 67

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(-qq-) 1,1,2,2-terachlorodifluoroethane (CFC

[CFR]-112) - 5,000 pounds; 

(-rr-) 1,1,1,2-tetrachlorodifluoroethane (CFC-112a) 

- 5,000 pounds; 

(-ss-) 1,1,2,2-tetrafluoroethane (HFC-134) - 5,000 

pounds; 

(-tt-) 1,1,1,2-tetrafluoroethane (HFC-134a) - 5,000 

pounds; 

(-uu-) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC

[CFR]-113) - 5,000 pounds; 

(-vv-) 1,1,1-trichloro-2,2,2-trilfloroethane (CFC113a) - 5,000 pounds; 

(-ww-) 1,1,1-trifluoro-2,2-dichloroethane (HCFC123) - 5,000 pounds; 
Texas Commission on Environmental Quality Page 68

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(-xx-) 1,1,1-trifluoroethane (HFC-143a) - 5,000 

pounds; 

(-yy-) trifluoromethane (HFC-23) - 5,000 pounds; 

[or] 

(-zz-) toluene - 1,000 pounds, except in the HGB 

and BPA ozone nonattainment areas as defined in paragraph (70) of this section, where the 

RQ must be 100 pounds; or

(-aaa-) 3-Pentanone, 1,1,1,2,2,4,5,5,5-nonafluoro4-(trifluoromethyl)-, CAS No. 756-13-8, or C6 fluoroketone – 5,000 pounds;

(ii) if not listed in clause (i) of this subparagraph, 100 pounds; 

(iii) for greenhouse gases, individually or collectively, there is 

no reportable quantity, except for the specific individual air contaminant compounds listed 

in this paragraph;

(B) for mixtures of air contaminant compounds: 
Texas Commission on Environmental Quality Page 69

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(i) where the relative amount of individual air contaminant 

compounds is known through common process knowledge or prior engineering analysis or 

testing, any amount of an individual air contaminant compound that equals or exceeds the 

amount specified in subparagraph (A) of this paragraph; 

(ii) where the relative amount of individual air contaminant 

compounds in subparagraph (A)(i) of this paragraph is not known, any amount of the 

mixture that equals or exceeds the amount for any single air contaminant compound that 

is present in the mixture and listed in subparagraph (A)(i) of this paragraph; 

(iii) where each of the individual air contaminant compounds 

listed in subparagraph (A)(i) of this paragraph are known to be less than 0.02% by weight 

of the mixture, and each of the other individual air contaminant compounds covered by 

subparagraph (A)(ii) of this paragraph are known to be less than 2.0% by weight of the 

mixture, any total amount of the mixture of air contaminant compounds greater than or 

equal to 5,000 pounds; or 

(iv) where natural gas excluding carbon dioxide, water, 

nitrogen, methane, ethane, noble gases, hydrogen, and oxygen or air emissions from crude 

oil are known to be in an amount greater than or equal to 5,000 pounds or the associated 
Texas Commission on Environmental Quality Page 70

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

hydrogen sulfide and mercaptans in a total amount greater than 100 pounds, whichever 

occurs first; 

(C) for opacity from boilers and combustion turbines as defined in this 

section fueled by natural gas, coal, lignite, wood, fuel oil containing hazardous air 

pollutants at a concentration of less than 0.02% by weight, opacity that is equal to or 

exceeds 15 additional percentage points above the applicable limit, averaged over a sixminute period. Opacity is the only RQ applicable to boilers and combustion turbines 

described in this paragraph; or

(D) for facilities where air contaminant compounds are measured 

directly by a continuous emission monitoring system providing updated readings at a 

minimum 15-minute interval an amount, approved by the executive director based on any 

relevant conditions and a screening model, that would be reported prior to ground level 

concentrations reaching at any distance beyond the closest regulated entity property line: 

(i) less than one-half of any applicable ambient air standards; 

and 

(ii) less than two times the concentration of applicable air 

emission limitations.
Texas Commission on Environmental Quality Page 71

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(90) [(89)] Rubbish--Nonputrescible solid waste, consisting of both 

combustible and noncombustible waste materials. Combustible rubbish includes paper, 

rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and 

similar materials. Noncombustible rubbish includes glass, crockery, tin cans, aluminum 

cans, metal furniture, and like materials that will not burn at ordinary incinerator 

temperatures (1,600 degrees Fahrenheit to 1,800 degrees Fahrenheit). 

(91) [(90)] Scheduled maintenance, startup, or shutdown activity--For 

activities with unauthorized emissions that are expected to exceed a reportable quantity 

(RQ), a scheduled maintenance, startup, or shutdown activity is an activity that the owner 

or operator of the regulated entity whether performing or otherwise affected by the 

activity, provides prior notice and a final report as required by §101.211 of this title 

(relating to Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping 

Requirements); the notice or final report includes the information required in §101.211 of 

this title; and the actual unauthorized emissions from the activity do not exceed the 

emissions estimates submitted in the initial notification by more than an RQ. For activities 

with unauthorized emissions that are not expected to, and do not, exceed an RQ, a 

scheduled maintenance, startup, or shutdown activity is one that is recorded as required by 

§101.211 of this title. Expected excess opacity events as described in §101.201(e) of this title 

(relating to Emissions Event Reporting and Recordkeeping Requirements) resulting from 
Texas Commission on Environmental Quality Page 72

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

scheduled maintenance, startup, or shutdown activities are those that provide prior notice 

(if required), and are recorded and reported as required by §101.211 of this title. 

(92) [(91)] Sludge--Any solid or semi-solid, or liquid waste generated from a 

municipal, commercial, or industrial wastewater treatment plant; water supply treatment 

plant, exclusive of the treated effluent from a wastewater treatment plant; or air pollution 

control equipment. 

(93) [(92)] Smoke--Small gas-born particles resulting from incomplete 

combustion consisting predominately of carbon and other combustible material and 

present in sufficient quantity to be visible. 

(94) [(93)] Solid waste--Garbage, rubbish, refuse, sludge from a waste water 

treatment plant, water supply treatment plant, or air pollution control equipment, and 

other discarded material, including solid, liquid, semisolid, or containerized gaseous 

material resulting from industrial, municipal, commercial, mining, and agricultural 

operations and from community and institutional activities. The term does not include: 

(A) solid or dissolved material in domestic sewage, or solid or 

dissolved material in irrigation return flows, or industrial discharges subject to regulation 

by permit issued under the Texas Water Code, Chapter 26; 
Texas Commission on Environmental Quality Page 73

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(B) soil, dirt, rock, sand, and other natural or man-made inert solid 

materials used to fill land, if the object of the fill is to make the land suitable for the 

construction of surface improvements; or 

(C) waste materials that result from activities associated with the 

exploration, development, or production of oil or gas, or geothermal resources, and other 

substance or material regulated by the Railroad Commission of Texas under Natural 

Resources Code, §91.101, unless the waste, substance, or material results from activities 

associated with gasoline plants, natural gas liquids processing plants, pressure 

maintenance plants, or repressurizing plants and is hazardous waste as defined by the

administrator of the United States Environmental Protection Agency under the federal 

Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act, as 

amended (42 United States Code, §§6901 et seq.). 

(95) [(94)] Sour crude--A crude oil that will emit a sour gas when in 

equilibrium at atmospheric pressure. 

(96) [(95)] Sour gas--Any natural gas containing more than 1.5 grains of 

hydrogen sulfide per 100 cubic feet, or more than 30 grains of total sulfur per 100 cubic 

feet. 
Texas Commission on Environmental Quality Page 74

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(97) [(96)] Source--A point of origin of air contaminants, whether privately 

or publicly owned or operated. Upon request of a source owner, the executive director shall 

determine whether multiple processes emitting air contaminants from a single point of 

emission will be treated as a single source or as multiple sources. 

(98) [(97)] Special waste from health care-related facilities--A solid waste 

that if improperly treated or handled, may serve to transmit infectious disease(s) and that 

is comprised of the following: animal waste, bulk blood and blood products, 

microbiological waste, pathological waste, and sharps.

(99) [(98)] Standard conditions--A condition at a temperature of 68 degrees 

Fahrenheit (20 degrees Centigrade) and a pressure of 14.7 pounds per square inch absolute 

(101.3 kiloPascals). 

(100) [(99)] Standard metropolitan statistical area--An area consisting of a 

county or one or more contiguous counties that is officially so designated by the United 

States Bureau of the Budget. 

(101) [(100)] Submerged fill pipe--A fill pipe that extends from the top of a 

tank to have a maximum clearance of six inches (15.2 centimeters) from the bottom or, 
Texas Commission on Environmental Quality Page 75

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

when applied to a tank that is loaded from the side, that has a discharge opening entirely 

submerged when the pipe used to withdraw liquid from the tank can no longer withdraw 

liquid in normal operation. 

(102) [(101)] Sulfur compounds--All inorganic or organic chemicals having 

an atom or atoms of sulfur in their chemical structure. 

(103) [(102)] Sulfuric acid mist/sulfuric acid--Emissions of sulfuric acid mist 

and sulfuric acid are considered to be the same air contaminant calculated as H2 SO4 and 

must include sulfuric acid liquid mist, sulfur trioxide, and sulfuric acid vapor as measured 

by Test Method 8 in 40 Code of Federal Regulations Part 60, Appendix A. 

(104) [(103)] Sweet crude oil and gas--Those crude petroleum hydrocarbons 

that are not "sour" as defined in this section. 

(105) [(104)] Total suspended particulate--Particulate matter as measured by 

the method described in 40 Code of Federal Regulations Part 50, Appendix B. 

(106) [(105)] Transfer efficiency--The amount of coating solids deposited 

onto the surface or a part of product divided by the total amount of coating solids delivered 

to the coating application system. 
Texas Commission on Environmental Quality Page 76

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(107) [(106)] True vapor pressure--The absolute aggregate partial vapor 

pressure, measured in pounds per square inch absolute, of all volatile organic compounds 

at the temperature of storage, handling, or processing. 

(108) [(107)] Unauthorized emissions--Emissions of any air contaminant 

except [carbon dioxide,] water, nitrogen, [methane,] ethane, noble gases, hydrogen, and 

oxygen that exceed any air emission limitation in a permit, rule, or order of the 

commission or as authorized by Texas Clean Air Act, §382.0518(g). 

(109) [(108)] Unplanned maintenance, startup, or shutdown activity--For 

activities with unauthorized emissions that are expected to exceed a reportable quantity or 

with excess opacity, an unplanned maintenance, startup, or shutdown activity is: 

(A) a startup or shutdown that was not part of normal or routine 

facility operations, is unpredictable as to timing, and is not the type of event normally 

authorized by permit; or 

(B) a maintenance activity that arises from sudden and unforeseeable 

events beyond the control of the operator that requires the immediate corrective action to 

minimize or avoid an upset or malfunction. 
Texas Commission on Environmental Quality Page 77

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(110) [(109)] Upset event--An unplanned and unavoidable breakdown or

excursion of a process or operation that results in unauthorized emissions. A maintenance, 

startup, or shutdown activity that was reported under §101.211 of this title (relating to 

Scheduled Maintenance, Startup, and Shutdown Reporting and Recordkeeping 

Requirements), but had emissions that exceeded the reported amount by more than a 

reportable quantity due to an unplanned and unavoidable breakdown or excursion of a 

process or operation is an upset event. 

(111) [(110)] Utility boiler--A boiler used to produce electric power, steam, or 

heated or cooled air, or other gases or fluids for sale. 

(112) [(111)] Vapor combustor--A partially enclosed combustion device used 

to destroy volatile organic compounds by smokeless combustion without extracting energy 

in the form of process heat or steam. The combustion flame may be partially visible, but at 

no time does the device operate with an uncontrolled flame. Auxiliary fuel and/or a flame 

air control damping system that can operate at all times to control the air/fuel mixture to 

the combustor's flame zone, may be required to ensure smokeless combustion during 

operation. 
Texas Commission on Environmental Quality Page 78

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(113) [(112)] Vapor-mounted seal--A primary seal mounted so there is an 

annular space underneath the seal. The annular vapor space is bounded by the bottom of 

the primary seal, the tank wall, the liquid surface, and the floating roof or cover. 

(114) [(113)] Vent--Any duct, stack, chimney, flue, conduit, or other device 

used to conduct air contaminants into the atmosphere. 

(115) [(114)] Visible emissions--Particulate or gaseous matter that can be 

detected by the human eye. The radiant energy from an open flame is not considered a 

visible emission under this definition. 

(116) [(115)] Volatile organic compound--As defined in 40 Code of Federal 

Regulations §51.100(s), except §51.100(s)(2) - (4), as amended on January 21, 2009 (74 FR 

3441). 

(117) [(116)] Volatile organic compound (VOC) water separator--Any tank, 

box, sump, or other container in which any VOC, floating on or contained in water entering 

such tank, box, sump, or other container, is physically separated and removed from such 

water prior to outfall, drainage, or recovery of such water.
Texas Commission on Environmental Quality Page 79

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

§101.10. Emissions Inventory Requirements.

(a) Applicability. The owner or operator of an account or source in the State of Texas 

or on waters that extend 25 miles from the shoreline meeting one or more of the following 

conditions shall submit emissions inventories [and/]or related data as required in 

subsection (b) of this section to the commission on forms or other media approved by the 

commission: 

(1) an account which meets the definition of a major facility/stationary 

source, as defined in §116.12 of this title (relating to Nonattainment and Prevention of 

Significant Deterioration Review Definitions);

(2) [or] any account in an ozone nonattainment area emitting a minimum of 

ten tons per year (tpy) volatile organic compounds (VOC), 25 tpy nitrogen oxides (NOX), or 

100 tpy or more of any other contaminant subject to national ambient air quality standards 

(NAAQS); 

(3) [(2)] any account that emits or has the potential to emit 100 tpy or more 

of any contaminant except for GHGs, individually or collectively, as listed in §101.1 of this

chapter (relating to Definitions); 
Texas Commission on Environmental Quality Page 80

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(4) [(3)] any account which emits or has the potential to emit 10 tons of any 

single or 25 tons of aggregate hazardous air pollutants as defined in Federal Clean Air Act 

(FCAA), §112(a)(1); and 

(5) [(4)] any minor industrial source, area source, non-road mobile source, or 

mobile source of emissions subject to special inventories under subsection (b)(3) of this 

section. For purposes of this section, the term "area source" means a group of similar 

activities that, taken collectively, produce a significant amount of air pollution. 

(b) Types of inventories. 

(1) Initial emissions inventory. Accounts, as identified in subsection (a)(1), 

(2), [or] (3), or (4) of this section, shall submit an initial emissions inventory (IEI) for any 

criteria pollutant or hazardous air pollutant (HAP) that has not been identified in a 

previous inventory. The IEI shall consist of actual emissions of VOC, NOX, carbon 

monoxide (CO), sulfur dioxide (SO2), lead (Pb), particulate matter of less than 10 microns 

in diameter (PM10), any other contaminant subject to NAAQS, emissions of all HAPs 

identified in FCAA, §112(b), or any other contaminant requested by the commission from 

individual emission units within an account. For purposes of this section, the term "actual 

emission" is the actual rate of emissions of a pollutant from an emissions unit as it enters 

the atmosphere. The reporting year will be the calendar year or seasonal period as 
Texas Commission on Environmental Quality Page 81

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

designated by the commission. Reported emission activities must include annual routine 

emissions; excess emissions occurring during maintenance activities, including start-ups 

and shutdowns; and emissions resulting from upset conditions. For the ozone 

nonattainment areas, the inventory shall also include typical weekday emissions that occur 

during the summer months. For CO nonattainment areas, the inventory shall also include 

typical weekday emissions that occur during the winter months. Emission calculations 

must follow methodologies as identified in subsection (c) of this section. 

(2) Statewide annual emissions inventory update (AEIU). Accounts meeting 

the applicability requirements during an inventory reporting period as identified in 

subsection (a)(1), (2), [or] (3), or (4) of this section shall submit an AEIU which consists of 

actual emissions as identified in subsection (b)(1) of this section if any of the following 

criteria are met. If none of the following criteria are met, a letter certifying such shall be 

submitted instead: 

(A) any change in operating conditions, including start-ups, 

permanent shut-downs of individual units, or process changes at the account, that results 

in at least a 5.0% or 5 tpy, whichever is greater, increase or reduction in total annual 

emissions of VOC, NOX, CO, SO2, Pb, or PM10 from the most recently submitted emissions 

data of the account; or 
Texas Commission on Environmental Quality Page 82

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(B) a cessation of all production processes and termination of 

operations at the account. 

(3) Special inventories. Upon request by the executive director or a 

designated representative of the commission, any person owning or operating a source of 

air emissions which is or could be affected by any rule or regulation of the commission 

shall file emissions-related data with the commission as necessary to develop an inventory 

of emissions. Owners or operators submitting the requested data may make special 

procedural arrangements with the [Industrial] Emissions Assessment Section to submit 

data separate from routine emission inventory submissions or other arrangements as 

necessary to support claims of confidentiality. 

(c) Calculations. Actual measurement with continuous emissions monitoring 

systems (CEMS) is the preferred method of calculating emissions from a source. If CEMS 

data is not available, other means for determining actual emissions may be utilized in 

accordance with detailed instructions of the commission. Sample calculations 

representative of the processes in the account must be submitted with the inventory. 

(d) Certifying statement. A certifying statement, required by the FCAA, 

§182(a)(3)(B), is to be signed by the owner(s) or operator(s) and shall accompany each 
Texas Commission on Environmental Quality Page 83

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

emissions inventory to attest that the information contained in the inventory is true and 

accurate to the best knowledge of the certifying official. 

(e) Reporting requirements. The IEI or subsequent AEIUs shall contain emissions 

data from the previous calendar year and shall be due on March 31 of each year or as 

directed by the commission. Owners or operators submitting emissions data may make 

special procedural arrangements with the [Industrial] Emissions Assessment Section to 

submit data separate from routine emission inventory submissions or other arrangements 

as necessary to support claims of confidentiality. Emissions-related data submitted under a 

special inventory request made under subsection (b)(3) of this section are due as detailed 

in the letter of request. 

(f) Enforcement. Failure to submit emissions inventory data as required in this 

section shall result in formal enforcement action under Texas Water Code, Chapter 7 [the]. 

[TCAA, §382.082 and §382.088. In addition, the TCAA, §361.2225, provides for criminal 

penalties for failure to comply with this section.]

§101.27. Emissions Fees.

(a) Applicability. The owner or operator of an account that is required to obtain a 

federal operating permit as described in Chapter 122 of this title (relating to Federal 
Texas Commission on Environmental Quality Page 84

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

Operating Permits Program) shall remit to the commission an emissions fee each fiscal 

year. A fiscal year is defined as the period from September 1 through August 31. A fiscal 

year, having the same number as the next calendar year, begins on the September 1 prior to 

that calendar year. Each account will be assessed a separate emissions fee. An account 

subject to both an emissions fee and an inspection fee, under §101.24 of this title (relating 

to Inspection Fees), is required to pay only the greater of the two fees. The commission will 

not initiate the combination or separation of accounts solely for fee assessment purposes. 

If an account is operated at any time during the fiscal year that a fee is being assessed, a 

full emissions fee is due. If the commission is notified in writing that the account is not and 

will not be in operation during that fiscal year, a fee will not be due. 

(b) Self reported/billed information. Emissions/inspection fees information packets 

will be mailed to each account owner or operator prior to the fiscal year that a fee is due. 

The completed emissions/inspection fees basis form must be returned to the address 

specified on the emissions/inspection fees basis form within 60 calendar days of the date 

the agency sends the emissions fees information packet. The completed 

emissions/inspection fees basis form must include, at least, the company name, mailing 

address, site name, all commission identification numbers, applicable Standard Industrial 

Classification (SIC) category, the emissions of all regulated air pollutants at the account for 

the reporting period, and the name and telephone number of the person to contact in case 

questions arise regarding the fee payment. If more than one SIC category can apply to an 
Texas Commission on Environmental Quality Page 85

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

account, the category reported must be the one with the highest associated fee as listed in 

§101.24 of this title. Subsequent to a review of the information submitted, a billing 

statement of the fee assessment will be sent to the account owner or operator. 

(c) Requesting fee information packet. If an account owner or operator has not 

received the fee information packet described in subsection (b) of this section by June 1 

prior to the fiscal year that a fee is due, the owner or operator of the account shall notify 

the commission by July 1 prior to the fiscal year that a fee is due. For accounts that begin or 

resume operation after September 1, the owner or operator of the account shall request an 

information packet within 30 calendar days prior to commencing operation. 

(d) Payment. Fees must be remitted by check, certified check, electronic funds 

transfer, or money order and sent to the address printed on the billing statement. 

(e) Due date. Payment of the emissions fee is due within 30 calendar days of the 

date the agency sends a statement of the assessment to the account owner or operator. 

(f) Basis for fees. 

(1) The fee must be based on allowable levels or actual emissions at the 

account. For purposes of this section, allowable levels are those limits as specified in an 
Texas Commission on Environmental Quality Page 86

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

enforceable document such as a permit, certified registration of emissions, or Commission 

Order that are in effect during the fiscal year that a fee is due and actual emissions are the 

emissions of all regulated pollutants emitted from the account during the last full calendar 

year preceding the beginning of the fiscal year that a fee is due. Under no circumstances 

may the fee basis be less than the actual emissions at the account. The fee applies to the 

regulated pollutant emissions at the account, including those emissions from point and 

fugitive sources. The fee basis must include emissions during all operational conditions, 

including all emissions from emissions events and maintenance, startup, and shutdown 

activities as described in Subchapter F of this chapter (relating to Emissions Events and 

Scheduled Maintenance, Startup, and Shutdown Activities). Although certain fugitive 

emissions are excluded for applicability determination purposes under subsection (a) of 

this section, all fugitive emissions must be considered for fee calculations after applicability 

of the fee has been established. A maximum of 4,000 tons of each regulated pollutant will 

be used for fee calculations. The fee for each fiscal year is set at the following rates.

Figure: 30 TAC §101.27(f)(1)(No change to the figure as it currently exists in TAC)

(2) The emissions tonnage for the account for fee calculation purposes will be 

the sum of those allowable levels or actual emissions for individual emission points or 

process units at the account rounded up to the nearest whole number, as follows. 
Texas Commission on Environmental Quality Page 87

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(A) Where there is an enforceable document such as a permit, certified 

registration of emissions, or a Commission Order establishing allowable levels for 

individual emission points or process units, the actual emissions from all individual 

emission points and process units at the account may be used to calculate the fee basis only 

if a complete and verifiable emissions [emission] inventory for the account is submitted as 

described in §101.10 of this title (relating to Emissions Inventory Requirements). Where a 

complete and verifiable emissions inventory is not submitted, the executive director may 

direct that the fee be based on all of the allowable levels for the account. 

(B) Where there is not an enforceable document such as a permit, 

certified registration of emissions, or a Commission Order establishing allowable levels for 

individual emissions points or process units; actual emissions from all individual emission 

points and process units must be used to calculate the fee basis. Actual production, 

throughput, or measurement records must be submitted along with complete 

documentation of calculation methods. Thorough justification is required for all 

assumptions made and emission factors used in such calculations. 

(3) For purposes of this section, the term "regulated pollutant" includes any 

volatile organic compound, any pollutant subject to Federal Clean Air Act (FCAA), §111, 

any pollutant listed as a hazardous air pollutant under FCAA, §112, each pollutant that a 

national primary ambient air quality standard has been promulgated (including carbon 
Texas Commission on Environmental Quality Page 88

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

monoxide), and any other air pollutant subject to requirements under commission rules, 

regulations, permits, orders of the commission, or court orders. For purposes of this 

section, the term "regulated pollutant" does not include individual gases listed in the 

definition of greenhouse gases. 

(g) Nonpayment of fees. Each emissions fee payment must be paid at the time and 

in the manner and amount provided by this subchapter. Failure to remit the full emissions 

fee by the due date must result in enforcement action under Texas Water Code, §7.178. The 

provisions of this section, as first adopted and amended thereafter, are and must remain in 

effect for purposes of any unpaid fee assessments, and the fees assessed in accordance with 

such provisions as adopted or as amended remain a continuing obligation. 

(h) Late payments. The agency shall impose interest and penalties on owners or 

operators of accounts who fail to make payment of emissions fees when due in accordance 

with Chapter 12 of this title (relating to Payment of Fees).
Texas Commission on Environmental Quality Page 89

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

SUBCHAPTER F: EMISSIONS EVENTS AND SCHEDULED MAINTENANCE, 

STARTUP, AND SHUTDOWN ACTIVITIES

DIVISION 1: EMISSIONS EVENTS

§101.201

Statutory Authority

The amendment is proposed under Texas Water Code (TWC), §5.102, concerning General 

Powers, which provides the commission with the general powers to carry out its duties 

under the TWC; TWC, §5.103, concerning Rules, and TWC, §5.105, concerning General 

Policy, which authorize the commission to adopt rules necessary to carry out its powers 

and duties under the TWC; and under Texas Health and Safety Code (THSC), §382.017, 

concerning Rules, which authorizes the commission to adopt rules consistent with the 

policy and purposes of the Texas Clean Air Act. The amendment is also proposed under 

THSC, §382.002, concerning Policy and Purpose, which establishes the commission's 

purpose to safeguard the state's air resources, consistent with the protection of public 

health, general welfare, and physical property; THSC, §382.011, concerning General 

Powers and Duties, which authorizes the commission to control the quality of the state's 

air; THSC, §382.012, concerning State Air Control Plan, which authorizes the commission 

to prepare and develop a general, comprehensive plan for the control of the state's air; 

THSC, §382.014, concerning Emission Inventory, which authorizes the commission to 
Texas Commission on Environmental Quality Page 90

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

require submittal of information regarding emissions of air contaminants; THSC, 

§382.016, concerning Monitoring Requirements; Examination of Records, which 

authorizes the commission to prescribe requirements for measuring, monitoring, and 

maintaining records of emissions of air contaminants; THSC, §382.0215, concerning 

Assessment of Emissions Due to Emissions Events, which authorizes the commission to 

collect and assess unauthorized emissions data due to emissions events; THSC, §382.0216, 

concerning Regulation of Emissions Events, which authorizes the commission to establish 

criteria for determining when emissions events are excessive and to require facilities to 

take action to reduce emissions from excessive emissions events; THSC, §382.05102, 

concerning Permitting Authority of Commission; Greenhouse Gas Emissions, which relates 

to the permitting authority of the commission for greenhouse gas emissions; THSC, 

§382.062, concerning Application, Permit and Inspection Fees, which authorizes the 

commission to charge these types of fees; and THSC, §382.085, concerning Unauthorized 

Emissions Prohibited, which prohibits emissions of air contaminants except as authorized 

by commission by rule or order. The amendment is also proposed under Texas 

Government Code, §2006.004, concerning Requirements to Adopt Rules of Practice and 

Index Rules, Orders, Decisions, which requires state agencies to adopt procedural rules; 

and Texas Government Code, §2001.006, concerning Actions Prepatory to Implementation 

of Statute or Rule, which authorizes state agencies to adopt rules or take other 

administrative action that the agency deems necessary to implement legislation.

Additionally, the amendment is proposed under Federal Clean Air Act (FCAA), 42 United 
Texas Commission on Environmental Quality Page 91

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

States Code (USC), §§7401, et seq., which requires states to submit state implementation 

plan revisions that specify the manner in which the national ambient air quality standards 

will be achieved and maintained within each air quality control region of the state.

The proposed amendment implements House Bill 788 (82nd Legislature, 2013), THSC, 

§§382.002, 382.011, 382.012, 382.014, 382.016, 382.0215, 382.0216, 382.05102, and 

382.062; and Texas Government Code, §2001.004 and §2001.006; and FCAA, 42 USC, 

§§7401 et seq.

§101.201. Emissions Event Reporting and Recordkeeping Requirements.

(a) The following requirements for reportable emissions events apply. 

(1) As soon as practicable, but not later than 24 hours after the discovery of 

an emissions event, the owner or operator of a regulated entity shall: 

(A) determine if the event is a reportable emissions event; and 

(B) notify the commission office for the region in which the regulated 

entity is located, and all appropriate local air pollution control agencies with jurisdiction, if 

the emissions event is reportable. 
Texas Commission on Environmental Quality Page 92

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(2) The initial 24-hour notification for reportable emissions events, with the 

exception of emissions from boilers or combustion turbines referenced in the definition of 

reportable quantity (RQ) in §101.1 of this title (relating to Definitions) for each regulated 

entity, must at a minimum, identify for each emissions point with emissions that exceed an 

RQ: 

(A) the name of the owner or operator of the regulated entity 

experiencing an emissions event; 

(B) the commission Regulated Entity Number of the regulated entity 

experiencing an emissions event, if a Regulated Entity Number exists, or if there is not a 

Regulated Entity Number, the air account number of the regulated entity. If a Regulated 

Entity Number and air account number do not exist, then identify the location of the 

release and a contact telephone number; 

(C) the common name of the process units or areas, the common name 

of the facilities that incurred the emissions event, and the common name of the emission 

points where the unauthorized emissions exceeded an RQ were released to the 

atmosphere; 
Texas Commission on Environmental Quality Page 93

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(D) the date and time of the discovery of the emissions; 

(E) the estimated duration of the emissions; 

(F) the compound descriptive type of the individually listed 

compounds or mixtures of air contaminants released during the emissions event, in the 

definition of RQ in §101.1 of this title that are known through common process knowledge, 

past engineering analysis, or testing to have equaled or exceeded the RQ; 

(G) the estimated total quantities for those compounds or mixtures 

described in subparagraph (F) of this paragraph; 

(H) the best known cause of the emissions event at the time of the 

initial 24-hour notification, if known; and 

(I) the actions taken, or being taken, to correct the emissions event 

and minimize the emissions. 

(3) The initial 24-hour notification for reportable emissions events for boilers 

or combustion turbines referenced in the definition of RQ in §101.1 of this title must 

identify for each emission point with excess opacity that exceeds the RQ by more than 15%: 
Texas Commission on Environmental Quality Page 94

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(A) the name of the owner or operator of the regulated entity 

experiencing an emissions event; 

(B) the commission Regulated Entity Number of the regulated entity 

experiencing an emissions event, if a Regulated Entity Number exists, or if there is not a 

Regulated Entity Number, the air account number of the regulated entity. If a Regulated 

Entity Number and air account number do not exist, then identify the location of the 

release and a contact telephone number; 

(C) the best known cause of the emissions event, if known at the time 

of notification; 

(D) the common name of the process units or areas, the common 

name of the facilities that experienced the emissions event, and the common name of the 

emission points where the unauthorized opacity that exceeded the RQ occurred; 

(E) the date and time of the discovery of the emissions event; 

(F) the estimated duration or expected duration of the emissions; 
Texas Commission on Environmental Quality Page 95

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(G) the estimated opacity; and 

(H) the actions taken, or being taken, to correct the emissions event 

and minimize the emissions. 

(4) The owner or operator of a regulated entity experiencing a reportable 

emissions event that also requires an initial notification under §327.3 of this title (relating 

to Notification Requirements) may satisfy the initial 24-hour notification requirements of 

this section by complying with the requirements under §327.3 of this title. 

(b) The owner or operator of a regulated entity experiencing an emissions event 

shall create a final record of all reportable and non-reportable emissions events as soon as 

practicable, but no later than two weeks after the end of an emissions event. Final records 

must be maintained on-site for a minimum of five years and be made readily available 

upon request to commission staff or personnel of any air pollution program with 

jurisdiction. If a regulated entity is not normally staffed, records of emissions events may 

be maintained at the staffed location within Texas that is responsible for the day-to-day 

operations of the regulated entity. 

(1) The final record of a reportable emissions event must identify for all 

emission points involved in the emissions event: 
Texas Commission on Environmental Quality Page 96

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(A) the name of the owner or operator of the regulated entity 

experiencing an emissions event; 

(B) the commission Regulated Entity Number of the regulated entity 

experiencing an emissions event, if a Regulated Entity Number and air account number 

exists, or if there is not a Regulated Entity Number, the air account number of the 

regulated entity. If a Regulated Entity Number and air account number do not exist, then 

identify the location of the release and a contact telephone number; 

(C) the physical location of the points at which emissions to the 

atmosphere occurred; 

(D) the common name of the process units or areas, the common 

name and the agency-established facility identification number of the facilities that 

experienced the emissions event, and the common name and the agency-established 

emission point numbers where the unauthorized emissions were released to the 

atmosphere. Owners or operators of those facilities and emission points that the agency 

has not established facility identification numbers or emission point numbers for are not 

required to provide the facility identification numbers and emission point numbers in the 

report, but are required to provide the common names in the report. 
Texas Commission on Environmental Quality Page 97

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(E) the date and time of the discovery of the emissions event; 

(F) the estimated duration of the emissions; 

(G) the compound descriptive type of all individually listed 

compounds or mixtures of air contaminants in the definition of RQ in §101.1 of this title, 

from all emission points involved in the emissions event, that are known through common 

process knowledge or past engineering analysis or testing to have been released during the 

emissions event, except for boilers or combustion turbines referenced in the definition of 

RQ in §101.1 of this title. Compounds or mixtures of air contaminants, that have an RQ 

greater than or equal to 100 pounds and the amount released is less than ten pounds in a 

24-hour period, are not required to be specifically listed in the report, instead these 

compounds or mixtures of air contaminants may be identified together as "other"; 

(H) the estimated total quantities for those compounds or mixtures 

described in subparagraph (G) of this paragraph; the preconstruction authorization 

number or rule citation of the standard permit, permit by rule, or rule, if any, governing 

the facilities involved in the emissions event; and the authorized emissions limits, if any, 

for the facilities involved in the emissions events, except for boilers or combustion turbines 

referenced in the definition of RQ in §101.1 of this title, which record only the authorized 
Texas Commission on Environmental Quality Page 98

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

opacity limit and the estimated opacity during the emissions event. Good engineering 

practice and methods must be used to provide reasonably accurate representations for 

emissions and opacity. Estimated emissions from compounds or mixtures of air 

contaminants that are identified as "other" under subparagraph (G) of this paragraph, are 

not required for each individual compound or mixture of air contaminants, however, a 

total estimate of emissions must be provided for the category identified as "other"; 

(I) the basis used for determining the quantity of air contaminants 

emitted, except for boilers or combustion turbines referenced in the definition of RQ in 

§101.1 of this title; 

(J) the best known cause of the emissions event at the time of 

reporting; 

(K) the actions taken, or being taken, to correct the emissions event 

and minimize the emissions; and 

(L) any additional information necessary to evaluate the emissions 

event. 

(2) Records of non-reportable emissions events must identify: 
Texas Commission on Environmental Quality Page 99

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(A) the name of the owner or operator of the regulated entity 

experiencing an emissions event; 

(B) the commission Regulated Entity Number and air account number 

of the regulated entity experiencing an emissions event, if a Regulated Entity Number and 

air account number exists, of if there is not a Regulated Entity Number, the air account 

number of the regulated entity. If a Regulated Entity Number and air account number do 

not exist, then identify the location of the release and a contact telephone number; 

(C) the physical location of the points at which emissions to the 

atmosphere occurred; 

(D) the common name of the process units or areas, the common 

name and the agency-established facility identification number of the facilities that 

experienced the emissions event, and the common name and the agency-established 

emission point numbers where the unauthorized emissions were released to the 

atmosphere. Owners or operators of those facilities and emission points that the 

commission has not established facility identification numbers or emission point numbers 

for are not required to provide the facility identification numbers and emission point 

numbers in the report, but are required to provide the common names in the report; 
Texas Commission on Environmental Quality Page 100

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(E) the date and time of the discovery of the emissions event; 

(F) the estimated duration of the emissions; 

(G) the compound descriptive type of the individually listed 

compounds or mixtures of air contaminants, in the definition of RQ in §101.1 of this title, 

from all emission points involved in the emissions event, that are known through common 

process knowledge or past engineering analysis, except for boilers or combustion turbines 

referenced in the definition of RQ in §101.1 of this title and that were unauthorized. 

Compounds or mixtures of air contaminants, that have an RQ greater than or equal to 100 

pounds and the amount released is less than ten pounds in a 24-hour period, are not 

required to be specifically listed in the report, instead these compounds or mixtures of air 

contaminants may be identified together as "other"; 

(H) the estimated total quantities and the authorized emissions limits 

for those compounds or mixtures described in subparagraph (G) of this paragraph; the 

preconstruction authorization number or rule citation of the standard permit, permit by 

rule, or rule, if any, governing the facilities involved in the emissions event; and the 

authorized emissions limits, if any, for the facilities involved in the emissions events, 

except for boilers or combustion turbines referenced in the definition of RQ in §101.1 of 
Texas Commission on Environmental Quality Page 101

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

this title, which record only the authorized opacity limit and the estimated opacity during 

the emissions event. Good engineering practice and methods must be used to provide 

reasonably accurate representations for emissions and opacity. Estimated emissions from 

compounds or mixtures of air contaminants that are identified as "other" under 

subparagraph (G) of this paragraph, are not required for each individual compound or 

mixture of air contaminants, however, a total estimate of emissions must be provided for 

the category identified as "other"; 

(I) the basis used for determining the quantity of air contaminants 

emitted, except for boilers or combustion turbines referenced in the definition of RQ in 

§101.1 of this title; 

(J) the best known cause of the emissions event at the time of 

recording; 

(K) the actions taken, or being taken, to correct the emissions event 

and minimize the emissions; and 

(L) any additional information necessary to evaluate the emissions 

event. 
Texas Commission on Environmental Quality Page 102

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(c) For all reportable emissions events, if the information required in subsection (b) 

of this section differs from the information provided in the initial 24-hour notification 

under subsection (a) of this section, the owner or operator of the regulated entity shall 

submit a copy of the final record to the commission office for the region in which the 

regulated entity is located and to appropriate local air pollution agencies with jurisdiction 

no later than two weeks after the end of the emissions event. If the owner or operator does 

not submit a record under this subsection, the information provided in the initial 24-hour 

notification under subsection (a) of this section will be the final record of the emissions 

event, provided the initial 24-hour notification was submitted electronically in accordance 

with subsection (g) of this section. Any emissions of greenhouse gases, individually or 

collectively, are not required to be submitted under this subsection, except for specific 

individual air contaminant compounds listed in the definition of reportable quantity.

(d) The owner or operator of a boiler or combustion turbine, as defined in §101.1 of 

this title, fueled by natural gas, coal, lignite, wood, or fuel oil containing hazardous air 

pollutants at a concentration of less than 0.02% by weight, that is equipped with a 

continuous emission monitoring system that completes a minimum of one operating cycle 

(sampling, analyzing, and data recording) for each successive 15-minute interval, and is 

required to submit excess emission reports by other state or federal requirements, is 

exempt from creating, maintaining, and submitting final records of reportable and nonreportable emissions events of the boiler or combustion turbine under subsections (b) and 
Texas Commission on Environmental Quality Page 103

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(c) of this section if the notice submitted under subsection (a) of this section contains the 

information required under subsection (b) of this section. 

(e) As soon as practicable, but not later than 24 hours after the discovery of an 

excess opacity event, as defined in §101.1 of this title, where the owner or operator was not 

already required to provide an initial 24-hour notification under subsection (a)(2) or (3) of 

this section, the owner or operator shall notify the commission office for the region in 

which the regulated entity is located, and all appropriate local air pollution control 

agencies with jurisdiction. In the notification, the owner or operator shall identify: 

(1) the name of the owner or operator of the regulated entity experiencing the 

excess opacity event; 

(2) the commission Regulated Entity Number and air account number of the 

regulated entity experiencing an opacity event, if a Regulated Entity Number and air 

account number exists, or if there is not a Regulated Entity Number, the air account 

number of the regulated entity. If a Regulated Entity Number and air account number do 

not exist, then identify the location of the release and a contact telephone number; 

(3) the physical location of the excess opacity event; 
Texas Commission on Environmental Quality Page 104

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(4) the common name of the process units or areas, the common name of the 

facilities where the excess opacity event occurred, and the common name of the emission 

points where the excess opacity event occurred; 

(5) the date and time of the discovery of the excess opacity event; 

(6) the estimated duration of the excess opacity; 

(7) the estimated opacity; 

(8) the authorized opacity limit for the facilities having the excess opacity 

event; 

(9) the best known cause of the excess opacity event at the time of the 

notification; and 

(10) the actions taken, or being taken, to correct the excess opacity event. 

(f) The owner or operator of any regulated entity subject to the provisions of this 

section shall perform, upon request by the executive director or any air pollution control 

agency with jurisdiction, a technical evaluation of each emissions event. The evaluation 
Texas Commission on Environmental Quality Page 105

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

must include at least an analysis of the probable causes of each emissions event and any 

necessary actions to prevent or minimize recurrence. The evaluation must be submitted in 

writing to the executive director and to the appropriate local air pollution agencies with 

jurisdiction within 60 days from the date of request. The 60-day period may be extended 

by the executive director. Additionally, the owner or operator of a regulated entity 

experiencing an emissions event must provide, in writing, additional or more detailed 

information regarding the emissions event when requested by the executive director or any 

air pollution control agency with jurisdiction, within the time established in the request. 

(g) On and after January 1, 2003, notifications and reports required in subsection 

(c) of this section must be submitted electronically to the commission using the electronic 

forms provided by the commission. On and after January 1, 2004, notifications required in 

subsections (a) and (e) of this section must be submitted via commission's secure Web 

server, facsimile, or electronic mail to the commission using electronic forms provided by 

the commission. Notwithstanding the requirement to report initial 24-hour notifications 

electronically after January 1, 2004, the owner or operator of a regulated entity 

experiencing a reportable emissions event that also requires an initial notification under 

§327.3 of this title, is not required to report the event electronically under this subsection 

provided the owner or operator complies with the requirements under §327.3 of this title 

and in subsections (a) and (c) of this section. If the initial notification is not submitted by 

using an online form on the commission's secure Web server, the owner or operator must 
Texas Commission on Environmental Quality Page 106

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

submit the identical information on the commission's secure Web server within 48 hours 

of discovery of the event. In the event the commission's server is unavailable due to 

technical failures or scheduled maintenance, events may be reported via facsimile to the 

appropriate regional office. The commission will provide an alternative means of 

notification in the event that the commission's electronic reporting system is inoperative. 

Electronic notification and reporting is not required for small businesses that meet the 

small business definition in Texas Water Code, §5.135(g)(2) and to appropriate local air 

pollution control agencies with jurisdiction. Small businesses shall provide notifications 

and reporting by any viable means that meet the time frames required by this section. 

(h) Annual emissions event reporting: beginning in calender year 2007, on or before 

March 31 of each calendar year or as directed by the executive director, each owner or 

operator of a regulated entity, as defined in §101.1 of this title that is subject to reporting 

under §101.10 of this title (relating to Emissions Inventory Requirements), and those that 

are not subject to reporting under §101.10 of this title, but are located in nonattainment, 

maintenance, early action compact areas, Nueces County, and San Patricio County, that 

experienced at least one emissions event during the calendar year shall report to the 

executive director, and all appropriate local air pollution control agencies with jurisdiction, 

the following: 
Texas Commission on Environmental Quality Page 107

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

(1) the total number of reportable and the total number of non-reportable 

emissions events experienced at the regulated entity; 

(2) the estimated total quantities for all compounds or mixtures of air 

contaminants, by compound or mixture, in the definition of RQ in §101.1 of this title that, 

by facility, were emitted during emissions events at the regulated entity. Compounds or 

mixtures of air contaminants, that have an RQ greater than or equal to 100 pounds and the 

amount released is less than one pound in a 24-hour period, are not required to be 

included in the report. Good engineering practice and methods must be used to provide 

reasonably accurate representations for emissions and opacity. This paragraph does not 

apply to boilers and combustion turbines referenced in the definition of RQ in §101.1 of 

this title that must report only the estimated opacities during emissions events and 

duration of unauthorized opacity; and 

(3) owners and operators of regulated entities that are not subject to 

reporting under §101.10 of this title must provide annual emissions event reporting 

electronically by using an online form on the commission's secure Web server. The 

commission will provide an alternative means of reporting in the event that the 

commission's electronic reporting system is inoperative. If the commission's server is 

unavailable due to technical failures or scheduled maintenance, the annual reports may be 

provided through alternative means to the executive director. Annual electronic reporting 
Texas Commission on Environmental Quality Page 108

Chapter 101 - General Air Quality Rules

Rule Project No. 2013-040-116-AI

is not required for small businesses that meet the small business definition in Texas Water 

Code, §5.135(g)(2) and to appropriate local air pollution control agencies with jurisdiction. 

Small businesses shall provide annual reporting by any viable means that meet the time 

frames required by this section. 

(4) owners and operators of regulated entities that are subject to reporting 

under §101.10 of this title must provide the information required by this subsection as part 

of their reporting under §101.10 of this title.